State v Racumu [2015] FJMC 5; Criminal Case 27.2015 (21 January 2015)

IN THE RESIDENT MAGISTRATES COURT OF FIJI
AT TAVEUNI
Criminal Case No: - 27/2015

STATE

V

PETERO RACUMU

Inspector Vili for the Prosecution
The Accused in person

SENTENCE

1. PETERO RACUMU, you were charged in this Court for one count of Burglary, contrary to section 312 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 waived right to counsel and pleaded guilty to this charge and also admitted the summary of facts presented by the prosecution.
   
3. According to the summary of facts on 17th January 2015 at Wairiki, Taveuni you broke and entered in to the complainant's shop and stole properties to the total value of $3,217.92.
   
4. I am satisfied that your plea was unequivocal and convict you for this charge.
   

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. After considering the summary of facts in this case I select 18 months imprisonment as starting point for the Burglary and 06 months for the Theft .
   

AGGRAVATING FACTORS

10. Aggravating factors are the disregard of the property rights of the other people, broke in to a shop and value of the stole property which is substantial in a rural place . For these I add 10 months to both counts to reach 28 months for the Burglary count and 16 months for the Theft .
    

MITIGATING FACTORS

11. Mitigating factors are you are young offender , first offender you seek forgiveness and not to reoffend in the future. For these I deduct 06 months from both counts to reach 22 months for the Burglary and 10 months for the Theft .
    
12. You also pleaded guilty on the 1st day and for that I give full credit and deduct 1/3 to reach 14 months for the Burglary and 06 months for the Theft . As these were committed in same transaction these are concurrent.
    
13. This court has the power to suspend a sentence which is below 02 years. Even though you are a young first offender the Court need to be mindful about the protection of the society . But considering your young age I believe a partly suspended sentence is appropriate for the purpose of reform as well as a deterrence.
    
14. Accordingly I sentence you to 08 months imprisonment for these offences. Remaining 06 months will be suspended for 03 years after you serve this sentence.
    
15. If you commit any crime during the operational period of your suspended sentence you can be charged under section 28 of the Sentencing and Penalties Decree.
    
16. 28 days to appeal

21st January 2015

H.S.P.Somaratne
Resident Magistrate