State v Rasegadi - Sentence [2018] FJHC 364; HAC101.2018 (7 May 2018)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC. 101 of 2018

BETWEEN:
STATE
PROSECUTION

AND:
1. TOMASI RASEGADI
2. ADRIU ROSEBU

ACCUSED PERSONS

Counsel: Mr. Z. Zunei for State
Accused 1 In Person
Accused 2 In Person

Date of Hearing: 18^th April 2018

Sentence: 07^th May 2018

S E N T E N C E

1. Mr. Tomasi Rasegadi and Mr. Adriu Rosebu, are charged with one count of Aggravated Burglary, contrary to Section 313 (1) (a) of the Crimes Act, which carries a maximum sentence of seventeen years imprisonment, and one count of Theft, contrary to Section 291 (1) of the Crimes Act, which carries a maximum sentence of ten years imprisonment.
   
2. Both of you pleaded guilty for these two counts on the 18th of April 2018. Satisfied by the fact that you have fully comprehended the legal effect of your plea and your plea was voluntary and free from influence, I convicted both of you for each of these two counts.
   
3. According to the summary of fact, which you admitted in open court, that you have broken into the canteen owned by the complainant in the night of 4th of March 2018. Having entered into the said canteen, both of you have stolen the items as described in the information. The total value of the stolen items is $248.20.
   
4. The tariff for the offence of Aggravated Burglary is between 18 months to 3 years. (State v Drose - Sentence [2017] FJHC 205; HAC325.2015 (28 February 2017) State v Seru - Sentence [2015] FJHC 528; HAC426.2012 (6 July 2015).
   
5. The tariff for the offence of Theft has been stipulated in Ratusili v State [2012] FJHC 1249; HAA011.2012 (1 August 2012), where Justice Madigan held that:
   
   1. For a first offence of simple theft the sentencing range should be between 2 and 9 months.
   2. Any subsequent offence should attract a penalty of at least 9 months.
   3. Theft of large sums of money and thefts in breach of trust, whether first offence or not can attract sentences of up to three years
   4. Regard should be had to the nature of the relationship between offender and victim.
   5. Planned thefts will attract greater sentences than opportunistic thefts.
      
6. This is a breaking of a commercial property and stealing therein in the night, while the owners were away. The crimes in this nature which are targeting the commercial properties undoubtedly affect the entire community. You instilled fear and insecurity among the people by committing this crime. Hence, I find this is a serious crime.
   
7. According to the summary of facts, it revealed that you have planned this crime. The value of the stolen items is $248.20.
   
8. Both of these offences are founded on the same series of offending of same and similar characters. Therefore, I find it is appropriate to impose an aggregate sentence pursuant to Section 17 of the Sentencing and Penalties Act.
9. Having taken into consideration the serious nature of this crime and the level of culpability and harm, I select twenty four (24) months as the starting point.
   
10. Mr. Tomasi Rasegadi, you have been reported with seven previous convictions. Five of them have been reported within the last ten years. Hence, you are not entitled for any discount for your previous good character.
    
11. Mr. Adriu Rosebu, you are a first offender. Hence, you are entitled for a discount for your previous character.
    
12. Both of you pleaded guilty for these offences at the first available opportunity.
    

Mr. Tomasi Rasegadi

13. Having considered your early plea of guilty, I reduce six (6) months, reaching to the final aggregate sentence of eighteen (18) months
    

Mr. Adriu Rosebu

14. I reduce six (6) months for the early plea of guilty and further four (4) months for your previous good character. Accordingly, your final aggregate sentence is fourteen (14) months.
    
15. Having considered the seriousness of this offence, I do not find any reason to suspend your sentence.
    

Head Sentence

16. Accordingly, Mr. Tomasi Rasegadi, I sentence you for a period of Eighteen (18) months imprisonment for these offences as charged. Moreover, you are not eligible for any parole for a period of 12 months pursuant to Section 18 of the Sentencing and Penalties Act.
    
17. Mr. Adriu Rosebu, I sentence you for a period of fourteen (14) months imprisonment for these offences as charged. Moreover, you are not eligible for any parole for a period of eight (8) months pursuant to Section 18 of the Sentencing and Penalties Act.
    

Actual Period of Sentence

18. You have been in remand custody for this case for a period of nearly two (2) months as you were not granted bail by the Court. In pursuant of Section 24 of the Sentencing and Penalties Act, I consider the period of two (2) months as a period of imprisonment that have already been served by you.
    
19. Accordingly, Mr. Tomasi Rasegadi, your actual sentencing period is sixteen (16) months of imprisonment period, with ten (10) months of non-parole period.
    
20. Accordingly, Mr. Adriu Rosebu, your actual sentencing period is twelve (12) months of imprisonment period, with six (6) months of non-parole period.
    
21. Thirty (30) days to appeal to the Fiji Court of Appeal.
    

R.D.R.T. Rajasinghe

Judge

At Suva
07^th May 2018

Solicitors
Office of the Director of Public Prosecutions for the State.
Accused 1 In Person.
Accused 2 In Person.