State v Soko - Sentence [2014] FJMC 91; Criminal Case 1361.2013 (27 May 2014)

IN THE MAGISTRATES COURT OF FIJI
AT SUVA

Criminal Case No: - 1361/2013

STATE

V

SERU SOKO

PC Josuha for the Prosecution.
The accused in person.

Date of Judgment : 26th May 2014
Date of Sentence : 27th May 2014

SENTENCE

1. SERU SOKO, you were convicted after a trial for one count of Attempted Burglary contrary to section 44 and 312(1) of the Crimes Decree No.44 of 2009.
   
2. During the trial it was revealed that you tried to break in to the house of the complainant on the night of 23rd July 2013.
   
3. Maximum penalty for this offence is 13 years imprisonment.
   
4. The tariff for this offence is 18 months to 03 years imprisonment (Tomasi Turuturuvesi v State [2002} HAA86/02S)
   
5. Aggravating factor is disregard of the property rights of the other people.
   

6. Mitigating factors are married with children, seeks forgiveness and sole bread winner.
7. Considering the facts in this case I select 18 months as my starting point and add 10 months for aggravating factor to reach 28 months. Deduct 08 months for mitigating factors to reach 20 months imprisonment. You are not a first offender and therefore not entitled for discount for your past behavior.
8. You have been in remand from 25/07/2013 and I deduct that period (10 months) to reach 10 months imprisonment.

9. This Court has the power to suspend a sentence which does not exceed 02 years pursuant to section 26(2) (b) of the Sentencing and Penalties Decree.
   
10. You are not a young offender nor a first offender. Also I find your mitigating factors do not justify in suspending this sentence.
    
11. Accordingly I sentence the accused to 10 months imprisonment for Attempted Burglary contrary to section 44 and 312(1) of the Crimes Decree.
    
12. 28 days to appeal
    

H. S. P. Somaratne
Resident Magistrate