State v Nauluvula - Sentence [2015] FJMC 107; Criminal Case 1673.2015 (30 September 2015)

IN THE MAGISTRATES' COURT OF FIJI
AT SUVA

Criminal Case No: - 1673/2015

STATE

V

SIMIONE VUETAKI NAULUVULA

For the Prosecution : - PC Walter
For the Accused : - In person
Date of Sentence: 30th of September 2015

SENTENCE

1. SIMIONE VUETAKI NAULUVULA, you were charged in this Court 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(1) of the Crimes Decree No 44 of 2009.
   
2. You pleaded guilty for both these counts and also admitted the summary of facts presented by the Prosecution.
   
3. According to the summary of facts on 13th September, 2015 you unlawfully entered in to the house of the complainant and stole his mobile phone valued at $150.00. You were arrested on 27th September, 2015 and admitted to the police of the offences.
   
4. I am satisfied that your plea was unequivocal 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"
   

AGGRAVATING FACTORS

9. From the facts I do not find any aggravating factors.
   

MITIGATING FACTORS

10. Mitigating factors are you are you have a small child, presently studying and co-operated with the police. Also there is no indication of damage and evidence point to this as act of opportunity.
    
11. Since you are not a first offender you are not entitled for any discount for your past behavior.
    
12. Considering the gravity of offending, I select 20 months as the starting point for the first count and 12 months for the second count. For the mitigating factors deduct 03 months from each count to reach 17 months and 09 months respectively.
    
13. For the early guilty plea deduct 1/3 to reach 12 months for the 1st count and 06 months for the second count. Considering these were committed in same transaction I order them to be concurrent.
    
14. Even though you are not a first offender and previously committed a Theft, I believe considering your young age and early guilty plea, you need a second chance.
    
15. Therefore you are sentenced to 12 months imprisonment for the Burglary and 06 months for the Theft and this is suspended for 03 years.
    
16. If you commit any offences during next 03 years you can be charged under section 28 of the Sentencing and Penalties Decree.
    
17. 28 days to appeal
    

Shageeth Somaratne
Resident Magistrate