State v Baiculacula [2022] FJHC 121; HAC041.2022 (18 March 2022)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Crim. Case No: HAC 41 of 2022

BETWEEN:
STATE

PROSECTION

A N D:
JUVES DEINZ BAICULACULA

ACCUSED PERSON

Counsel : Mr. M. Rafiq for the State

Ms. L. David for Accused

Date of Sentence : 18^th March 2022

SENTENCE

1. Mr. Juves Deinz Baiculacula, you pleaded guilty to 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 two counts of Theft, contrary to Section 291 (1) of the Crimes Act, which has a maximum sentence of ten years imprisonment. The particulars of the offences are that:
   

COUNT ONE

Statement of Offence

AGGRAVATED BURGLARY: Contrary to Section 313 (1) (a) of the Crimes Act 2009.

Particulars of Offence

JUVES DEINZ BAICULACULA in company of two others, on the 02^nd day of December, 2021 at Nasinu in the Central Division, entered into the dwelling house of one SAMUELA VAKALUA as a trespasser with intent to commit theft therein.

COUNT TWO

Statement of Offence

THEFT: Contrary to Section 291 (1) of the Crimes Act 2009.

Particulars of Offence

JUVES DEINZ BAICULACULA on the 02^nd day of December, 2021 at Nasinu in the Central Division, dishonestly appropriated 1 x Adidas brand pair of canvas shoes white in colour, being the property of one SAMUELA VAKALUA, with intent to permanently deprive SAMUELA VAKALUA of his said property.

COUNT THREE

Statement of Offence

THEFT: Contrary to Section 291 (1) of the Crimes Act 2009.

Particulars of Offence

JUVES DEINZ BAICULACULA on the 02^nd day of December, 2021 at Nasinu in the Central Division, dishonestly appropriated cash in the total sum of $130.00, being the property of one SEREANA RUSA, with intent to permanently deprive SEREANA RUSA of her said property.

2. 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 now convict you of these offences of Aggravated Burglary and Theft.
   
3. According to the summary of facts you admitted in opent, you and two other accomplices had entered the Complainant's house when he was not there here on the 2nd of December 2021. The Sister of the Complainant was sleeping in her room at that time. You then stolen one Adidas brand pair of canvas shoes and cash in the sum of $130 therein.
4. This is breaking of a dwelling house and stealing therein. You broke into this house while the owner was away. The crimes of this nature, and your two accomplices had entered through the back door, which was not locked. You had targeting the dwelling houses, undoubtedly affect the entire community. You have instilled fear and insecurity among the people by committing this crime. I, accordingly, find this is a severe offence.
   
5. Having considered the serious nature of these offences, I now proceed to determine an appropriate sentence for you in line with general principles, objectives, and purposes of sentencing as stated under Sections 4 (1) and 4 (2) and 15 of the Sentencing and Penalties Act.
   
6. These three offences are founded on the same series of offending. Therefore, I find it is appropriate to impose an aggregate sentence pursuant to Section 17 of the Sentencing and Penalties Act.
   
7. The tariff for the offence of Aggravated Burglary is between 18 months to 3 years. The tariff for the offence of Theft has been stipulated in Ratusili v at>State [2012] FJHC 1249; HAA011.2012 (the 1st of Au2012)>, where Justice Madigan held thr>

i) For For a first offence of simple Theft the sthe sentencing range should be between

2 and 9 months.

ii) >ii) Any subsequent offence should attract a penalty of at least 9 months.

iiiTheft 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.

v) Planned thefts will attract greater sentences than opportunistic thefts.

8. Considering the nature of the items you have stolen and how you have entered into the premises, I find there is a substantial level of harm and culpability in this offending.
   
9. You are 20 years old and a first offender. You pleaded guilty to these offences at the first available opportunity. Moreover, you had admitted your responsibilities of committing these offences in your caution interview. In doing that, you have expressed and shown your remorse and repent of committing this crime. Therefore, you are entitled to a substantial discount for your early plea of guilty. Moreover, you are entitled to a further discount for your previous good character.
   
10. Considering the reasons discussed above, I sentence you to 20 months imprisonment as an aggregated sentence for these three counts as charged. Your sentence is partially suspended, where you shall serve ten months of your sentence instantly, and the remaining period of ten months is suspended for three years. Considering the time spent in custody (nearly one month and fifteen days), I consider two (2) months as a period of imprisonment that you have already served. Accordingly, the actual period you have to serve in custody is eight (8) months imprisonment.
    
11. If you commit any crime during that period of three (3) years and are found guilty by the Court, you are liable to be charged and prosecuted for an offence according to Section 28 of the Sentencing and Penalties Act.
    
12. Thirty (30) days to appeal to the Fiji Court of Appeal.
    

......................................................

Hon. Mr. Justice R.D.R.T. Rajasinghe

At Suva
18th March 2022

Solicitors
Office of the Director of Public Prosecutions for the State.
Office of the Legal Aid Commission for the Accused.