State v Cokaisavu [2014] FJMC 121; Criminal Case 972.2014 (1 July 2014)

IN THE RESIDENT MAGISTRATES COURT OF FIJI
AT SUVA

Criminal Case No: - 972/2014

STATE

V

EREMASI COKAISAVU

PC Joshua for the prosecution.
The accused in person.

SENTENCE

1. EREMASI COKAISAVU , you were charged for one count of Burglary contrary to section 312(1) of the Crimes Decree No 44 of 2009 and one count of Theft contrary to section 291 of the Crimes Decree No 44 of 2009.
   
2. You pleaded guilty for both these counts on 30th June 2014 but disputed about the amount. But when this was taken today you informed the Court that you admitted the amount in the charge sheet.
   
3. According to the summary of facts on 19th June 2014 you broke in to Motor Winders Fiji Ltd office and stole cash amounting to $4235.00 which belonged to Motor Winders Fiji Ltd. You admitted the offence in your caution interview also and this amount was not recovered.
   
4. I am satisfied that your plea was made voluntarily and convict you for both these counts.
   

LAW AND TARIFF

5. The maximum penalty for Burglary is 13 years imprisonment.
   
6. The tariff for this offence is between 18 months to 3 years Tomasi Turuturuvesi v The State [2002] HAA 086 of 2002;
   
7. The maximum penalty for Theft is 10 years imprisonment.
   
8. In Jone Saukilagini [2005]FJHC 13 her Ladyship Justice Shameem held that "the tariff for simple larceny on a first conviction is from two to nine months. In cases of larceny of large amount of money sentence of 18 months to three years have been upheld by the High Court"
   
9. In this case I select 30 months as the starting point for first count and 24 months for the second count. I have selected these from higher end of tariff as you have number of previous convictions for similar kind of offences.
   

AGGRAVATING FACTORS

10. Aggravating factors amount of the money stolen and disregard for the property rights of the others . For these I add 14 months for both counts to reach 44 months for first count and 38 months for the second count.
    

MITIGATING FACTORS

11. Mitigating factors are seeks forgiveness and looking after mother. For these I deduct 04 months to reach 40 months for the first count and 34 months for the second count. .
    
12. You also pleaded guilty at the first available opportunity and for that 1/3 of your sentence will be deducted to reach 26 months for the first count and 22 months for the second count.
    
13. Since you are not a first offender you are not entitled for any discount for your past behavior.
    
14. Now your final sentence is 26 months for the first count and 22 months for the second count.
    
15. You have convictions from 2005 and from these I note that 12 convictions are for similar kind of offences. Clearly you have not learned from these and therefore need a long custodial sentence which would keep you away from the society.
    
16. Accordingly I sentence you to 26 months imprisonment for the count of Burglary and 22 months imprisonment for the Theft to be served concurrently and this is also concurrent to the sentence you are presently serving.
    
17. I also fix a non – parole period of 20 months for this sentence.
    
18. 28 days to appeal
    

01st July 2014

H.S.P.Somaratne
Resident Magistrate, Suva