State v Rabuka [2016] FJMC 51; Criminal Case 37.2016 (22 April 2016)

IN THE MAGISTRATES' COURT OF FIJI
AT TAVEUNI

Criminal Case No: - 37/2016

STATE

V

PENIASI RABUKA

For the Prosecution : - Sgt.Naidu
The Accused : - In person.
Date of Sentence: 22nd of April 2016

SENTENCE

1. PENIASI RABUKA , you were charged with one count of Burglary, contrary to section 312 of the Crimes Decree and one count of Theft contrary to section 291 of the Crimes Decree
   
2. You pleaded guilty to this charge and also admitted the summary of facts which showed that on 20th March 2016 you entered in to the dwelling house of the complainant as a trespasser and stole his tablet Samsung phone valued at $600.00.
   
3. I am satisfied about your plea and convict you for both counts.
   

The Law and tariff

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."

8. You have 10 previous convictions and from that 08 are for similar offences which suggest that you are a habitual offender. But this has to be determined by a judge and this court has no jurisdiction to make a finding like that.
   
9. But considering your past convictions I am going to select from the higher end of tariff for both counts.
   
10. Therefore I select 30 months as the starting point for the 1st count and 18 months for the 2nd count.
    

Aggravating factors

11. These offences were committed in the night when the victim was inside the house sleeping. You cut the wire of the security camera whilst entering the house which shows some planning on your part.
    
12. For these aggravating factors I add 06 months for both counts to reach 36 months for the 1st count and 24 months for the 2nd count.
    

Mitigating factors

13. Even though you said you are 22 years old, single and farmer I do not think these can be consider as mitigating factors. But for pleading guilty at the earliest opportunity I give full credit and deduct 1/3 to reach 24 months for the 1st count and 16 months for the 2nd count. Considering these were committed in same transaction I order these to be concurrent.
    
14. Your past convictions for similar offences suggest that you are threat to the community and custodial sentence is warranted for the protection of the public.
    
15. PENIASI RABUKA, I sentenced you to 24 months imprisonment for the offence of Burglary and 16 months for the Theft to be served concurrently. I also fix 16 months as the non-parole period.
    
16. 28 days to appeal
    

Shageeth Somaratne
Resident Magistrate