State v Black [2013] FJMC 223; Juvenile Case 74.2013 (30 May 2013)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI
AT NAVUA

Juvenile Case No: - 74/2013

STATE

V

DAVID BLACK
TEVITA SAUSAU
ALUSIO ELDER

For Prosecution : - Mr. Paka for the ODPP
For the 1st and 2nd Accused :- In persons
For the 3rd accused :- Mr. Tawake from the Legal Aid

SENTENCE

1. DAVID BLACK, TEVITA SAUSAU, ALUSIO ELDER you all were charged for the offence of Aggravated Burglary, contrary to section 313(1) of the Crimes Decree No 44 of 2009 as first count and for the offence of Theft contrary to section 291 of the Crimes Decree No 44 of 2009 as second count.
   
2. The High Court gave extended jurisdiction to hear this case and on 30 April 2013 you all pleaded guilty for the above offences.
   
3. According to the summary of facts both these offences were committed on 07 Feb 2013 at Tokotoko back road, Navua. On that day you all entered in to the dwelling house of Mereoni Soleinalaga as trespassers and stole items to the total value of $229.00 the properties of the victim.
   
4. I am satisfied about the pleas and found all of you guilty for these counts.
   

LAW AND TARIFF

5. The maximum penalty for Aggravated Burglary is 17 years imprisonment.
   
6. In State v Nakini [2012] FJHC 1154; HAC 50.201 his Lordship Justice Thurairaja held that tariff for this offence is between 18 months to 03 years.
   
7. The maximum penalty for Theft is 10 years imprisonment.
   
8. In State v Dela (2012 ) FJHC 1097 his Lordship Justice Thurairaja said that the tariff for theft would be 2-9 months.
   

AGGRAVATING FACTORS

9. Invasion of the homes and lack of respect for the property rights are aggravating factors in this case.
   

MITIGATING FACTORS

10. Mitigating factors are all are juveniles, early guilty plea, seeks forgiveness.
    
11. DAVID BLACK, TEVITA SAUSAU, you both are first offenders. You pleaded guilty early. I have gone through your mitigating submissions and see that you both seem to have learned from these mistakes. Therefore you both will be given a chance to reform.
    
12. Therefore I make a probation order under section 32 (1) (f) of the Juvenile Act for a period of 2 years. You both are placed with your parents under the supervision of Social Welfare officer.
    
13. ALUSIO ELDER , you are not a first offender. This Court has given community work for a similar offence and you do not seem to learn from that. Therefore for you I select 18 months as the starting point for the first count and 09 months for the second count.
    
14. For the aggravating factors I add 06 months for each count to reach 24 months for the first count and 15 months for the second count.
    
15. For time in custody I deduct 03 months from both counts to reach 21 months for the first count and 12 months for the second count.
    
16. For mitigating factors I deduct further 06 months from both counts to reach 15 months for the first count and 06 months for the second count.
    
17. Now your final sentence would be 15 months for the first count and 06 months for the second count.
    
18. Section 26(2) (b) of the Sentencing and Penalties Decree gives power to this Court to suspend a sentence below 02 years.
    
19. You are not a first offender. But considering your age I believe you need to be given a chance to reform.
    
20. Accordingly you are sentenced to 15 months imprisonment for Aggravated Burglary and 06 months imprisonment for Theft to be run concurrently and these will be suspended for 03 years.
    
21. If you commit any offences during next 03 years you can be charged under section 28 of the Sentencing and Penalties Decree.
    
22. Since this court is exercising the extended jurisdiction of the High Court in your case, parties may appeal against this sentence within 30 days with leave to the Court of Appeal.
    

30 May 2013

H.S.P. Somaratne
Resident Magistrate, Navua