State v Qaqanivalu [2015] FJMC 111; Criminal Case 1045.2015 (4 November 2015)

IN THE MAGISTRATES' COURT OF FIJI
AT SUVA
Criminal Case No: - 1045/2015

STATE

V

TEVITA QAQANIVALU

For Prosecution : PC Dharmen
For Accused : In person
Date of Sentence : 04th of November 2015

SENTENCE

1. TEVITA QAQANIVALU , you were convicted after trial 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. The Prosecution proved beyond reasonable doubt to this Court that on 24th of September 2014 you entered in to the house of Patrina Dumaru as a trespasser and stole her properties to the total value of $5,420.00 which included her laptops, mobile and some other items. These were not recovered.
   

LAW AND TARIFF

3. The maximum penalty for Burglary is 13 years imprisonment.
   
4. The tariff for this offence is between 18 months to 3 years. Tomasi Turuturuvesi v The State [2002] HAA 086 of 2002.
   
5. The maximum penalty for Theft is 10 years imprisonment.
   
6. 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"
   
7. You have a previous conviction for theft. Therefore in this case I select 26 months imprisonment as starting point for Burglary and 12 months for the Theft.
   

AGGRAVATING FACTORS

8. Aggravating factors are value of the stolen properties, committed in the night, damage caused to the home (removing louver blades) and disregard the property rights of others. For these I add 10 months for both counts to reach 36 months for the first count and 22 months for the second count.
   

MITIGATING FACTORS

9. For the mitigating factors submitted by you in the open Court I deduct 04 months from both counts to reach 32 months for the 1st count and 18 months for the 2nd count.
   
10. You are in remand for nearly 06 months and I deduct that period to reach 26 months for the 1st count and 12 months for the 2nd count. Since these offences were committed in same transaction I order these to be concurrent.
    
11. Unwanted Home invasion in the night is not acceptable in a civilized society and warrants a custodial sentence to denounce your behavior, deter future offenders as well as to protect the society. Therefore I sentenced you to 26 months imprisonment for the offence of Burglary and 12 months for the Theft to be served concurrently. Also I fix a non-parole period of 18 months.
    
12. 28 days to appeal
    

Shageeth Somaratne
Resident Magistrate