State v Rajale [2010] FJMC 120; Criminal Case 208 of 2010 (24 September 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 208/2010

BETWEEN

THE STATE

AND

EREMODO RAJALE

SENTENCE

1. You, Eremodo Rajale are to be sentenced upon pleading guilty to the charge of damaging property contrary to Section 369(1) of the Crimes Decree No 44 of 2009.
   
2. The maximum punishment for this offence is imprisonment for 2 years. In this case I pick my starting point as 9 months.
   
3. Summary of facts reads as follows;
   

"On the 23rd of March 2010 at about 1015hrs at Sandalwood Street, Lautoka one Eremodo Rajale,31 years, self employed of Yalandi Street damaged the door glass of vehicle registration number FK 426 valued at 1800 dollars. On the above mention date and time one Darmendra Naicker, 37 years, Director of Yalalevu, Ba parked his vehicle at Mikes Trading Shop at Sandalwood Street to deliver some items when the accused came on the driver's side and smashed the glass, opened the door and picked a bag and ran away."

4. It appears that you broke the glass of the vehicle and caused a substantial damage to the complainant's car. Although a separate charge in not brought against you, it appears that you stole a bag too form the car.
   
5. These kinds of offences are prevalent in the society and such incidents create terror in the minds of the public. Prevalence of offences of this nature is clearly a threat to the day to day activities of the members of the public. The court has to impose appropriate sentences in cases like this, not only to punish the offenders but to signify that the court as well as the society denounces this type of actions.
   
6. For the aggravating circumstances I enhance the sentence by 9 months.
   
7. In mitigation you said that you were in remand for 3 months and you learnt a lesson. You asked for forgiveness. You said you have a family to look after and asked for a suspended sentence.
   
8. The prosecution informed court that you are a first offender. But you informed court that you have one previous conviction where a suspended sentence was imposed on you. Yet I disregard that as the prosecution is unable to submit any confirmation. You pleaded guilty saving the time of the court.
   
9. For the mitigating circumstances I reduce the sentence by 12 months.
   
10. You caused substantial damage to the complainant's vehicle. I do not think that you are in a position to pay back such a large amount. Further the court has to send a stern message to the society about the consequences of actions of this nature. Thus I do not think the circumstances of this court warrant a non custodial sentence.
    
11. However I decide to deduct the time you were in remand from your sentence.
    
12. Accordingly I impose 3 months imprisonment.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka
24th September 2010