State v Tokaduadua - Sentence [2022] FJHC 148; HAC055.2020 (30 March 2022)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 055 of 2020

STATE

.vs.

ERONI KOROVOU TOKADUADUA

Counsels: Ms. Kantharia B - for Prosecution

Mr. Varinava J - for Accused

Date of Hearing: 14 – 17 March2022

Date of Judgement: 22 March 2022

Date of Sentence: 30 March 2022

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SENTENCE

1. ERONI KOROVOU TOKADUADUA you were charged on following information with one count of Attempted Aggravated Burglary, as below:
   

COUNT ONE

Statement of Offence

Attempted Aggravated Burglary: contrary to Section 44 and 313 (1) (a) of Crimes Act of 2009.

Particulars of Offence

ERONI KOROVOU TOKADUADUA on 13^th day of January 2020, at Suva in the Central Division, in the company of others attempted to enter into the premises of Satya Nand as trespassers with intent to commit theft therein.

2. You pleaded not guilty to the charge on the 17^th July 2020 and subsequently you had been granted bail. The trial to this matter commenced on 14/03/2022 and concluded on 17/03/2022. Thereafter, the judgment was pronounced on the 22 of March 2022, where you were found guilty as charged. Today this matter is coming up for sentencing.
3. At the very outset, this Court convicts you under the information, as charged. In comprehending the gravity of the offence you have committed, I am mindful that the maximum punishment for the offence of Aggravated Burglary under Section 313 (1) (a) of the Crimes Act of 2009 is an imprisonment term of 17 years.
   
4. In this matter, you were charged with attempting to commit Aggravated Burglary. Section 44 of the Crimes Act of 2009 states, “a person who attempts to commit an offence is guilty of the offence of attempting to commit that offence and is punishable as if the offence attempted had been committed”.
   
5. The accepted tariff for a count of Aggravated Burglary depends on the nature and circumstances under which Aggravated Burglary was committed, and the consequences entailing the commission of the offences to the victims and the impact on the public at large.
   
6. This Court also recognizes that to address the rapid increase of Burglaries and Robberies in our community, any punishment imposed by Court should have a reprehensible deterrent effect that could also send a profoundly strong signal to the community and potential wrong doers.
   
7. In imposing the appropriate punishment for your guilt, this Court intends to follow the tariff regime pronounces for Aggravated Burglary in the case of State v Seninawanawa [2015] FJHC548 925 June 2018), where Justice Midigan states:

“The accepted tariff for aggravated burglary is a sentence of between 18 months and three years, with three years being the standard sentence for burglary of domestic premises.”

8. This tariff has been followed in several decided cases, i.e., State&vuaTavualevu&#160 [2013] FJHC 246; HAC 43.2013 (162013)0; <160;v./b>v.Drose[2017] FJHC 205; HAC 325.2015 (28 February 2017); State vegadi & Another&#1er [ FJHC/a>; HAC 101.2018 (7 May 2018) and State v/b> v. Mudu [2020] FJHC 609; HAC 116.2020 2020 (30 JULY 2020).
   
9. In assessing the objective seriousness of your offending, I considered the maximum sentence prescribed for the offence, the degree of culpability, the manner in which you committed the offence and the harm caused to the complainant. I gave due cognizance to the sentencing guidelines stipulated in Section 4 of the Sentencing and Penalties Act 2009.
   
10. This is an attempted Aggravated Burglary that happened in a residential premise. Please note, burglaries in dwelling premises has become a menace in our society. To anyone in our society, your home is your sanctuary that is where you retire after a hard day to rest. Thus, it is natural human expectation to keep your home safe and private. Though there is a saying that for every Englishman home is his castle, realistically, your home is your castle to every human being, regardless of your nationality. Therefore, for every Fijian his or her dwelling premises will be very precious and this Court is very mindful that offences of this nature could severely disturb the peace and tranquility of mind of our citizens.
    
11. In this regard, the Courts have a duty to discourage and deter this kind of anti-social behavior that makes living in our society unsafe. Having considered all these factors, I would pick a starting point of 24 months imprisonment against you.
    
12. In aggravation, it is evident from the evidence led in this Court that you have pre-planned this offence and after the incident in issue you were evading police arrest for 14 days, though you were clearly identified at the scene of the crime by police officers. In considering this conduct, this Court increase your sentence by another six (06) months.
    
13. The prosecution brings to the attention of this Court that you have been in custody for twenty one (21) months and seven (07) days, which periods should be deducted from your sentence separately.
    
14. Mr. ERONI KOROVOU TOKADUADUA, I sentence you to 08 months and 23 days imprisonment on your conviction, which should operate forthwith.
    
15. You have thirty (30) days to appeal to the Fiji Court of Appeal.

...................................................
Hon. Justice Dr. Thushara Kumarage

At Suva
30^th March 2022