State v Vinaka [2013] FJMC 15; Criminal Case 272.2012 (14 January 2013)

IN THE MAGISTRATE COURT OF FIJI
AT TAVUA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. 272/12

BETWEEN:

THE STATE

AND:

MEREONI VINAKA, LAISANI TINAI, MALAKAI KOROI, & JOSEVA SOGONIVALU

Prosecution: PC Dinesh
Accused: In Person

SENTENCE

1. Mereoni Vinaka, Laisani Tinai, Malakai Koroi and Joseva Sogonivalu you all pleaded guilty to the offence of Criminal Trespass contrary to section 387(1)(a) of the Crimes Decree No. 44 of 2009.
   
2. You admitted that you were not forced to plead guilty to the charge and that you pleaded voluntarily.
   
3. The Court after being satisfied that your guilty pleas being unequivocal convicts you as charged.
   
4. The facts are on 20th August 2012 at 12.30pm at Malele Tavua, all four of you unlawfully entered the compound of complainant (Ram Murti, 61yrs) and damaged the property of Akariva Duwai (husband of Mereoni Vinaka), who works for the complainant as labourer.
   

The matter was reported to police and upon investigations all of you were arrested and interviewed under caution. You all admitted the offence to police and were charged accordingly.

5. You all mitigated and I take the following in your favours:
   
   • Guilty pleas.
     
   • First offenders.
     
   • Seek forgiveness and remorseful.
     
6. The aggravating features in the offence are:
   
   • Prevalence of offence in community.
     
   • Damaged done to property belonging to Akariva Duwai.
     
7. Criminal Trespass under section 387 (1) (a) of the Crimes Decree no. 44 of 2009 has a prescribed penalty of 1 year imprisonment. In my view the tariff would be between 3 – 6 months imprisonment (see: Rakesh Prasad s/o Ajodhya Prasad -v- State [2001] 6 & 7/01 (on appeal from MC Crm Cases 822 & 767/99Lbsa 23 April 2001); State –v- Davendra Kumar, Maleli Tora & Samisoni Vuvudali [2004] HAC0015/03L)

8. In light of the circumstances of offending in this case, I commence my sentence at 6 months imprisonment.
   
9. For the aggravating factors I increase your sentences by 2 months. Your sentences are now 8 months imprisonment.
   
10. For the early guilty plea I reduce your sentences by 2 months. This being your first offences and other personal circumstances and further reduce your sentences by 2 months. Your final sentences are now 4 months imprisonment each.
    
11. To give effect to the principle of deterrence you all are sentenced to 4 months imprisonment each.
    
12. I now consider whether your sentences should be suspended. This being your first offences and because all of you are remorseful and seek forgiveness of the Court, it would be appropriate to grant you all an opportunity to reform yourselves. Therefore I'm going to suspend your sentences.
    
13. I order that your sentences of 4 months imprisonment each be suspended for 1 year.
    
14. If any of you commit any offence within the operational period of 1 year, you'll be charged for breaching this suspension order and if convicted you'll be made to serve the 4 months imprisonment with any other punishment imposed in that other offence.
    
15. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

14th January 2013