State v Vadrodrosiga - Sentence [2012] FJMC 109; Criminal Case 831.2010 (1 June 2012)

IN THE MAGISTRATE'S COURT OF FIJI
WESTERN DIVISION AT NADI
CRIMINAL JURISDICTION

Criminal Case No: 831/10

THE STATE

V

JOSEVA VADRODROSIGA

Sgt. Naidu for prosecution
Accused in person
Date of Sentence: 01. 06. 2012.

SENTENCE

1. You were charged with two counts of burglary contrary to section 312 (1) and two counts theft contrary to section 291 (1) of the Crimes Decree No.44 of 2009.
   
2. You had elected your trial to be tried by this court.
   
3. You pleaded guilty to the charges when the charges were read over and explained to you and after confirming that you understood the charges.
   
4. Summary of facts was put to you by the prosecution and you admitted the facts stated therein.
   
5. I have reviewed the facts against the charges laid in the information and they support the essential constituents of the charges. I therefore convict you as charged on all counts.
   
6. The outline of facts admitted by you confirms that between 1940hrs and 2130hrs on 8 August 2010 at Tokoriki Resort you broke and entered into Room Nos. 17 and 14 and stole items including Laptop, I pod and Blackberry mobile phone all to the total value of $3,980.00, the property of the tourist complainants.
   
7. On that day you entered the rooms by tearing the windscreen and removing the Louvre blades of the rooms when the complainants were away for dinner and stole the items mentioned in the charges. Police managed to recover all the items except the wine bottle.
   
8. Under caution you admitted that you entered into the rooms and stole the items.
   
9. Premeditation, invasion into the rooms of innocent tourists, total lack of respect towards property rights of other and the discredit you brought to the country by stealing the property of the tourists aggravated the offending.
   
10. The mitigating factors are: your guilty plea, your personal circumstances, your previous good character, your cooperation with the police and remorse.
    
11. The offence 'Burglary' carries a maximum penalty of 13 years imprisonment according to section 312 of the Crimes Decree No. 44 of 2009. The offence of theft carries a maximum penalty of 10 years pursuant to section 291 of the Crimes Decree.
    
12. I pick 24 months imprisonment as my starting point for the offence of burglary. I increase the sentence by 6 months to reflect the above aggravating features to arrive at 30 months. You recorded your guilty plea after nearly 1 year and 9 months hence you are not entitled to full 1/3 for your guilty plea. I discount 06 months for your guilty plea to arrive at an interim total of 24 months. For your mitigation, previous good character and your cooperation with the police that led recovery of the items stolen I discount 10 months. Hence for the offence of burglary you get 14 months imprisonment on each count. I fix your sentence at 12 months imprisonment for the offence of theft on each count. These sentences are to be served concurrently with each other hence you are to serve 14 months imprisonment.
    
13. Burglary and theft has been a common occurrence in Fiji. The sentence must be deterrent to you and others minded like you. In your case I find no special circumstances to suspend the sentence. Hence I decline to suspend your sentence. However, you have been in remand custody since 03 May 2012. Therefore the sentence to be effective from that date.
    
14. Twenty eight (28) days to appeal.
    

ORDER

15. I make the following order:
    

(a) Accused is hereby sentenced to 14 months' imprisonment, which is effective from 03 May 2012.

M H Mohamed Ajmeer
Resident Magistrate

Dated at Nadi this 1st day of June 2012.