State v Boselala [2016] FJMC 119; Criminal Case 63.2016 (15 August 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

Criminal Case No: - 63/2016

STATE

V

INOKE BOSELALA

For the Prosecution : Cpl Josuha

The Accused : In person

Date of Sentence : 15^th of August 2016

SENTENCE

1. INOKE BOSELALA , you were charged with one count of Burglary, contrary to section 312(1) of the Crimes Decree No 44 of 2009 and three counts of Theft ,contrary to section 291(1) of the Crimes Decree No 44 of 2009.
   2. You elected this Court and pleaded guilty for the charge. According to admitted summary of facts on 21^st July 2016 you broke in to the house of the complainant in Taveuni and stole cash of $200.00 and 7 packets of BH 10 valued at $49.00 the property of the complainant.
   3. I am satisfied that your plea was voluntarily and unequivocal and convict you for this charge.
4. The maximum penalty for Burglary is 13 years imprisonment.
5. The tariff for this offence is between 18 months to 3 years. Tomasi Turuturuvesi v The State [2002] HAA 086 of 2002.
6. The maximum penalty for Theft is 10 years imprisonment.
7. The tariff was outlined in the case of Ratusili v State [2012] FJHC 1249; HAA011.2012 (1 August 2012) where his Lordship Justice Madigan said :

(i) for a first offence of simple theft the sentencing range should be between 2 and 9 months.

(ii) any subsequent offence should attract a penalty of at least 9 months.

(iii) Theft of large sums of money and thefts in breach of trust, whether first offence or not can attract sentences of up to three years.

(iv) regard should be had to the nature of the relationship between offender and victim.

(v) planned thefts will attract greater sentences than opportunistic thefts.

8. Considering the gravity of offending and your culpability, I select 24 months as the starting point for the Burglary which is the base sentence.
9. Apart from facts which subsume elements of the offence, I do not find any aggravating factors and would not enhance your sentence.
10. In your mitigation you submitted the following :
    1. Young offender;
    2. Remorseful and promise not to re-offend;
    100. First offender;
11. For all these mitigating factors I deduct 03 months to reach 21 months imprisonment.
12. When an accused pleaded guilty at the first available opportunity 1/3 deduction is given to acknowledge saving of court time and resources. Following this principle, I also deduct 1/3 from your sentence to reach 14 months imprisonment.
13. Considering all the circumstances, I sentence you to 06 months imprisonment for the count of Theft and as this was committed in one transaction order to be concurrent with the sentence for Burglary.
14. Now I have to consider whether to suspend your sentence. Generally it has been held that young, first offenders need to be given non-custodial sentences to allow them a chance to rehabilitate (Nariva v The State [2006] FJHC 6; AA0148J.2005S (9 February 2006), Prasad v State [1994] FJHC 132).Hence main purpose of this sentence is to allow you the chance to rehabilitate.
15. INOKE BOSELALA, this court sentenced you to 14 months imprisonment for the Burglary contrary to section 312(1) of the Crimes Decree and 06 months imprisonment for the count of Theft contrary to section 291(1) of the Crimes Decree and this sentence suspended for 03 years.
16. If you commit any offences during next 03 years, you can be charge under section 28 of the Sentencing and Penalties Decree.
17. 28 days to appeal
    

Shageeth Somaratne

Resident Magistrate