State v Tekuru [2012] FJMC 208; Criminal Case 720.2012 (3 September 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI AT SUVA

Criminal Case No 720/2012

STATE

V

SALICENI TEKURU & ANOTHER

Prosecution: Cpl Reddy (Police Prosecutor)
Accused:Ms. Senikavika Jiuta (LAC)

SENTENCE

1. You, Saliceni Tekuru are here today to be sentenced following an admission of guilt on your own accord and free will before this Court on 22.08.2012 for committing ' Attempted Aggravated Burglary' contrary to section 44 and section 313(1)(a) of the Crimes Decree No 44 of 2009.
   
2. Initially this matter was referred to the High Court on jurisdictional sanction and it was remitted with its extended jurisdiction.
   
3. Facts agreed shows that this offence was committed on 20.05.2012. You had made an attempt at around 9.35 pm to break enter the Fiji Association of Sports and National Olympic Committee [FASANOC] with intent to steal therein. You acted with another who is not known to the prosecution. Police had managed to arrest you at the scene as they came to the place on a tipoff received from a bystander. You later admitted the offence in the caution interview.
   
4. Attempted Aggravated Burglary carries a maximum penalty of 17 years imprisonment. Hon. Justice Madigan in State v. Nakini [2012 FJHC 1154; HAC 50.2012 8th June 2012] noted that the tariff varies from 18 months to 3 years depending on the gravity and nature.
   
5. It is to be noted that this offence can be classified under 'Grave Offences' as it has a higher penalty. It is important to note that the law abiding societies denounce such offences. And the Court has a paramount duty to discourage offenders who are similarly inclined to commit such offences.
   
6. Having considered the sentencing aspects I convict you as charged and take 24 months as the starting point for this offence.
   
7. The place you attempted to break in can be considered as an office which extends its servicers to the people and the sportsmen in Fiji. Such acts will deteriorate the proper functioning of these types of institutions. It is prudent to note that these places are there to be protected by the public. Therefore I consider this as an aggravating circumstance of the offence. I increase 6 months to reflect the same.
   
8. Now your sentence is 30 months.
   
9. In mitigation your counsel stated that you are a 49 year old with a de-facto partner and two children. You state that you only helped the other accused person who is unknown to the prosecution. You were desperately looking for money when you were called by him.
   
10. Your early plea takes 6 months off from the sentence. And it will now stand at 24 months.
    
11. The prosecution informed that you have been convicted on 40 other occasions during the past. In fact you admitted this position. I have noted that you were convicted on similar nature offences on most of those occasions. Thus I am not inclined to give any further concession to your personal circumstances.
    
12. Therefore your final term of imprisonment is 24 months.
    
13. This Court has powers to suspend a sentence which is below 2 years imprisonment. I note that your last previous conviction which was recorded in 2010 was a suspended sentence. However you committed the present offence two months after the period of suspension lapsed. Hence I am of the view that it is inappropriate to suspend your total term of imprisonment. Circumstances of the case justify a partly suspended sentence pursuant to section 26(1) of the Sentencing and Penalties Decree 2009.
    
14. Saliceni Tekuru today you are sentenced to 24 months imprisonment. You will now proceed to serve 18 months of that period in Suva Corrections Centre. Balance 6 months is suspended for 3 years.
    
15. After serving your 18 months term you should refrain from re offending during the suspension period of 3 years. Further I order you to report at Totoga police station every Monday and Friday between 6 am- 6 pm during this period. This is to keep an observation record on your behaviour during the period of suspension.
    
16. Failure to obey these orders is a criminal offence for which you may be prosecuted.
    
17. You may appeal to the Court of Appeal against this order within 30 days.
    

Pronounced in open Court,

Yohan Liyanage
Resident Magistrate

03rd September 2012