State v Koya [2011] FJMC 66; CRC 376.2009 (24 May 2011)

IN THE MAGISTRATE'S COURT AT NASINU

Criminal Case No: 376 of 2009

STATE

V

YUNUS KOYA

Sgt Volavola for the Prosecution
The accused unrepresented and appeared in person

SENTENCE

1] You, Yunus Koya, have been found guilty by this court for following offence namely:
DAMAGING PROPERTY: Contrary to Section 324 of the Penal Code Act 17

2] According to the facts, you, YUNUS KOYA s/o MOHAMMED, on the 15th day of January, 2009, at Nasinu, in the Central Division, wilfully and unlawfully damaged the rear windscreen of vehicle registration number DW 536, valued at $500.00 the property of NAJENDRA SINGH s/o GOPAL SINGH. You first approached complainant to buy an Alternator for $80. The first alternator was replaced because it did not fit. Then on your request the complainant modify the second alternator. Later you claimed that the wires of that alternator did not match and you wanted to return the alternator which complainant refused because it was already modified. Then you threw alternator to complainant's windscreen intentionally and damaged it.

3] Maximum penalty could be imposed for this offence is two years imprisonment.

4] Tariffs vary the gravity and nature of these offences. In a recent case of State v Eparama Nagalu and Others, [2010] FJHC 209; HAC122.2008S (24 June 2010) In Paragraph 23, all four Accused are sentenced to 9 months imprisonment as count for Damaging property (Count 4).

Aggravating Factors of the offence

5] Following facts were revealed by the summary of facts placed before the court and will be considered as aggravating factors.

-damaged to the victim's property

-evade the police investigation

Mitigating Factors

6] In mitigation, you said that you are 49 years old, married with five children. Taxi driver by profession. You earn $100 per week. You said you are the sole bread winner of the family. You said you are paying rent. Your wife is sick and she had an operation. You asked court's forgiveness and leniency.

7] In respect of this offence I select 6 months imprisonment as starting point. For aggravating factors I increase 3 months and for mitigating factors I reduce 3 months. Your actual sentence is 6 months imprisonment.

8] I note you are a first offender. You have a large family. Your act deserve custodial sentence. You tried to evade the justice. I note you are not remorseful. But I think you should be given a second chance because you are a first offender and sole breadwinner. Therefore, summary of facts and your mitigation and the nature of offence, I suspend this sentence for 2 years. In addition you should pay $200 as compensation to the victim. In default 20days imprisonment. You are given 3 months to pay the compensation.

9] This is your sentence: 6months imprisonment is suspended for 2 year. In addition you pay $200 as Compensation to the victim, in default 20 days imprisonment.

10] 28 days to appeal.

On this 24th may 2011, at Nasinu, Fiji Islands

Sumudu Premachandra
Resident Magistrate