State v Singh [2013] FJMC 198; Criminal Case 1385.2011 (3 May 2013)

IN THE REPUBLIC OF FIJI ISLANDS
IN THE MAGISTRATE'S COURT
AT SUVA

(Under Extended Jurisdiction Pursuant to Section 4 (2) of The Criminal Procedure Decree 2009)

Criminal Case No: 1385/11
HAC 278/11

State

V

Jasprit Hansa Singh

Prosecution : Ms Elo – DPP’s Office
Accused : Present – Mr V. Singh (Parshottam & Co)

SENTENCE

Jasprit Hansa Singh this is your sentence. The High Court has granted this Court extended Jurisdiction to try this case. You have pleaded guilty, on your own free will to the following charge:

First Count

Statement of offence (a)

AGGRAVATED BURGLARY: Contrary to Section 313 (1) (b) of the Crimes Decree Number: 44 of 2009.

Particulars of offence (b)

Jasprit Hansa Singh, on the 26th day of August, 2011 at Nabua in the Central Division, entered into Industrial and Engineering Supplies Yard with an offensive weapon namely Wheel Spanner as a trespasser with intent to commit theft therein.

Second Count

Statement of offence (a)

THEFT: Contrary to Section 291 (1) of the Crimes Decree Number: 44 of 2009.

Particulars of offence (b)

Jasprit Hansa Singh, on the 26th day of August, 2011 at Nabua in the Central Division, Dishonestly appropriated (stole) 1 x pulley valued at $990.00, 10 x hydraulic ramp valued at $7000.00, 1 x 2 meter beam valued at $1100, 2 x Square Tubbing valued at $630.00, 2 x Electrical laser valued at $500.00 and 5 x rollers valued at $2200,all to the value of $12,420.00, the property of Industrial and Engineering Supplies Limited.

Jasprit Hansa Singh you have admitted the statement of facts as read out by the prosecutor on your own free will. You have mitigated and this Court has noted your mitigation.

This Court relies on State v Nasara [2011] FJHC 677; HAC143.2010 (31 October 2011) where his Lordship Justice Nawana stated that “the offence of ' Aggravated Burglary ', which is indictable, attracts a punishment of 17 year-term of imprisonment, while the summarily triable offence of ' Theft ' mandates a punishment upto a 10 year-term of imprisonment under the Decree.

The tariff for the offence of ' Burglary ', as founded on the basis of the provisions of the old Penal Code, was 18 months to 3 years in imprisonment (Tomasi Turuturuvesi v State) [2002] HAA 086/02. The tariff set for the offences involving burglary and larceny under the Penal Code was 1-4 years in imprisonment (Cavuilagi v State [2004] FJHC 92).

In State v Mikaele Buliruarua) [2010] FJHC 384, the tariff set for the offence of ' Burglary ' under the Penal Code, was made applicable in relation to the offence of ' Aggravated Burglary ' under the Decree.

I would accordingly adopt the same tariffs for the offences of ' Aggravated Burglary ' and of ' Theft ' under the Decree in this case."

Your mitigation is as follows: you are 25 years old, sole breadwinner, mother is 56 years old and retired. Father 67 years and retired. You area tradesman earning $135/week, you left school at class 8 level, deeply remorseful, no previous convictions, pleaded guilty early and have spent 14 days in custody, you have learnt a lesson and all items were recovered.

This Court asked the prosecutor she wished to make any submissions on sentence. She made no submissions.

Count One – Aggravated Burglary

This Court notes the tariff as between 1 to 4 years. This Court takes a starting point of 3 years. For your guilty plea this Court gives 1 year discount and further 6 months discount for your mitigation and the time you have spent in custody. Your sentence for aggravated burglary is 18 months imprisonment.

Count Two – Theft

This Court notes the tariff as between 1 to 4 years. This Court takes a starting point of 3 years. For your guilty plea this Court gives 1 year discount and further 6 months discount for your mitigation and the time you have spent in custody. Your sentence for Theft is 18 months imprisonment.

The sentence for aggravated burglary is concurrent to theft.
This Court has also noted that all the property in this case was recovered.
You are a 1st offenders. This Court has noted your mitigation. You deserve a chance. You have spent about 14 days in remand and all items were recovered. You would surely have reflected upon your actions and this Court hopes that you would have learnt a lesson that if you invade someone's privacy and steal others property you will be given custodial sentence. Having noted your mitigation and circumstances this Court will not further punish you. Your sentences are suspended for 24 months. Which means that if you re-offend in the next 24 months you might be prosecuted for breach of your suspended sentence and you will then serve a term of 18 months for this case.
Any party aggrieved with this sentence has 30 days (from today) to appeal this sentence in the Fiji Court of Appeal.
Summary Of Sentence –
Count 1 and Count 2 – 18 months imprisonment/suspended for 24 months – concurrent.

Chaitanya Lakshman
Resident Magistrate
3rd May 2013