State v Tovili [2016] FJMC 150; Magistrate's Court Case 874.2015 (31 May 2016)

IN THE MAGISTRATE'S COURT AT Nausori

Magistrate’s Court Case No. 874/15

HAC - 23/16

THE STATE

v.

Adriu Tovili

For State: Ms Serukai (DPP”s Office)

For Accused: Mr Chand (Legal Aid)

SENTENCE

You, Adriu Tovili are now being sentenced after pleading guilty to the charge of arson contro Section 362 (b) of ) of the Crimes Decree. The High Court has granted extended jurisdiction for this Court to deal with this matter.

The maximum senteor Arson is life imprisonment.Thep>The Courts in Fiin Fiji have set the tariff band of sentence for arson at between 2 years4 years ears imprisonment. (Lagi HAA 004/2004 per Shameem, J and Tuitokava HAA 67/2005 also Shameem, J).

It was revealed that you set fire to a fishing boat. You have caused damage to a total value of $15 000 dollars as consequences of setting fire to that fishing vessel.

You have set fire to the boat after an argument with the victim and threatened to burn his boat and after a few drinks you burned the boat. It appears that this is a planned act as you carried out your threat. Thus your sentence is enhanced by one year (12 months).

In mitigation you said that you are seeking leniency and forgiveness for your actions. You said that you are a Boat Master. You said that you are separated from your wife and have two children. Pleaded guilty early and co-operated with the police. The Court has noted that you have spent 6 months in custody.

Thus for the mitigation and the time spent in custody your sentence is reduced by 16 months.

The Court finds no compelling reason reasons to impose a non-custodial sentence in this case. Accordingly you are sentenced to 32 months for committing arson.

28 do appeal.peal.

Summary of Sentence – 32 Months Imprisonment

Chaitanya Lakshman

Resident Magistrate

31^st May 2016