State v Tikotani [2013] FJMC 208; Criminal Case 621.13 (27 May 2013)

IN THE MAGISTRATES COURT AT NASINU

Criminal Case No. 621/13

STATE

-v-

VESIKULA TIKOTANI

PC Ravi Narayan for the prosecution
The accused appeared in person.

SENTENCE

1] The accused have been convicted for following counts after pleaded guilty on 22nd may 2013;

CHARGE:

FIRST COUNT

Statement of Offence [a]

BURGLARY: Contrary to Section 312 of the Crimes Decree No:44 of 2009.

Particulars of Offence [b]

VESIKULA TIKOTANI between 18th of May 2013 to19th May 2013 2009 at Nasinu in the Central Division you have broke and entered the dwelling house of Waisea Waqabaca as a trespasser with the intent to steal from therein .

SECOND COUNT

Statement of Offence [a]

THEFT: Contrary to Section 291 of the Crimes Decree No:44 of 2009.

Particulars of Offence [b]

VESIKULA TIKOTANI between 18th of May 2013 to19th May 2013 2009 at Nasinu in the Central Division you have steal from therein .

2] On the 25th day of April 2009 at Nasinu in the Central Division you entered into the dwelling house of Edwin Lal s/o Jay Lal and stole 2½ BH gross (10's) valued $120.00 and about $200.00 cash a value amounting not less than ten dollars the property of Edwin Lal s/o Jay Lal.

3] Maximum penalty could be imposed for Burglary is 13 years.
Maximum penalty could be imposed for Theft is 10 years.

4] In Tomasi Turuturuvesi v State[2002] HAA 86/02S 23 December 2002, Shameem J held that tariff for house breaking entering and larceny is between 18 months to 3 years imprisonment, the question of suspension being revered for young first offender. In William Prasad V State [2010] AAM 1/10 Ruling 12 February 2010 Byrne AP held that the tariff for simple larceny on first conviction is 2-9 months; on a second conviction, sentence in excess of 9 months and in cases of a large amount of money, 1 ½ years to 3 years. It was further held that "No error here in 1 year sentence for stealing van's stereo and amplifier worth $ 1799, later recovered from a pawn sho
5] You are 27 years old, married with 2 kids, employed as taxi driver. The accused is remanded in custody. Your wife has moved with another man and your children with your elderly mother. You asked court's leniency and forgiveness. You sought non custodial sentence.

6] Considering value of property, I select 2 year imprisonment as starting point in respect of first offence. In respect of larceny, second count, I select 1 year imprisonment.

7] For you mitigating factors I reduce 1 year for count 1 and 4 months for count 2. Now your sentence is 1 year for count 1 and 8 months for count 2. (Altogether 1 year 8 months). You have been granted bail for this case but you were remanded in custody for another pending case. Therefore I do not deduct your period in remand for this case.

8] There is no compelling reason for suspend your sentence. You have 16 previous convictions ranging 2001 to 2009 and most of them are similar in nature. You have not learnt a lesson. Therefore you serve;

Count 1: 1 year and
Count 2: 8 months imprisonment
Both sentences are to be run concurrently with effect from today.

9]. 28 days to appeal.

On 27rd May 2013, at Nasinu Fiji Islands

Sumudu Premachandra
Resident Magistrate