State v Lal [2013] FJMC 240; Criminal Case 155.2010 (17 June 2013)

IN THE MAGISTRATE'S COURT OF FIJI
WESTERN DIVISION AT NADI
[CRIMINAL JURISDICTION]

CRIMINAL CASE NO: 155/10

THE STATE

VS

RONEEL VINEEL LAL

WPC Ana for prosecution
Accused in person
Date of Sentence: 17. 06. 2013

SENTENCE

[1] RONEEL VINEEL LAL, you have been convicted after trial of one count of BURGLARY Contrary to Section 312 (1) of the Crimes Decree No.44 of 2009.

[2] On or about 4 February 2010 at Korovuto, Nadi you broke into the office of Korovuto College and stole therein an Olympus brand Digital Camera valued at $599.00, the property of Korovuto College.

[3] On that day you went to the school cut the office padlock, broke the door and went inside and stole the camera. The camera was never recovered.

Aggravating Factors:

[4] Aggravating factors are that preplanning, invasion into an educational institute, the loss cause to the institute and total lack of respect of the property right of others and the law.

Mitigating Factors:

[5] In mitigation you told that you are 23 years of age, married with a child and a carpenter by profession. You support your family and seek leniency of the court.

The Sentence:

[6] The offence 'Burglary' carries a penalty of 13 years imprisonment according to section 312 (1) of the Crimes Decree No.44 of 2009.

[7] The tariff for house-breaking entering and larceny is between 18 months to 3 years imprisonment, the question suspension being reserved for the young first offender per Shameem J in Tomasi Turuturuvesi v State [2002] HAA 86/02S 23 December 2002.

[8] "Breaking into private houses is not only dishonest and unlawful. It is an invasion of privacy from which home owners never recover" 3 year sentence for burglary is correct in principle- per Shameem J in Lasaro Tuberi v State HAA 116/06.

[9] You had admitted two live previous convictions on escaping from lawful custody and breach of bail conditions.

[10] Therefore considering all in your case, I would select 2 years imprisonment as my starting point. Add 9 months for the aforesaid aggravating factors to bring interim total to 2 years 9 months. Deduct 4 months to reflect your mitigation. You are not entitled to any discount for your previous good character since you have 2 live prior convictions. Your final sentence is 2 years 5 months imprisonment.

[11] Further you have 3 prior convictions including a conviction for a similar offence. The society is needed to be protected not only from you but also from like minded offenders.

[12] I am mindful of the fact that in terms of section 18-(1) of the Sentencing and Penalties Decree 2009 I must fix a non-parole period. In your case I fix 12 months as non-parole period. Which means you will be eligible for parole after 12 months.

[13] You have twenty eight (28) days to appeal.

Order:

[14] You are hereby sentenced to two (2) years five (5) months imprisonment with a non-parole period of 12 months. You will be eligible for parole after serving 12 months of your sentence.

...................................................
M H Mohamed Ajmeer
Resident Magistrate
Dated at Nadi this 17th day of June 2013