State v Korovou [2016] FJMC 66; Criminal Case 532.2016 (16 June 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

Criminal Case No: - 532/2016

STATE

V

ERONI TOKADUADUA KOROVOU

For the Prosecution : Cpl Josuha

For the Accused : Ms.David (LAC)

Date of Sentence : 16^th of June 2016

SENTENCE

1. ERONI TOKADUADUA KOROVOU , you were charged with 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. You elected this Court and pleaded guilty for this charge. According to admitted summary of facts 22/03/2016 at about 0700hrs you entered in to the office of Fiji Mahogany Trust as a trespasser and stole office items to the total value of $5260.00. You admitted to the police about your offences and showed the place where you hid the items. But the police failed to locate them.
3. I am satisfied that your plea was made on your free will 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. 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”
8. Considering the gravity of offending, I select 24 months as the starting point for the Burglary offence.
9. There are no aggravating factors in this case.
10. The learned counsel from the legal aid has submitted following as mitigating factors:
    1. Young offender(18 years old);
    2. First offender;
    100. Remorseful and promise not to re-offend;
    4. Co-operated with the police.
11. In addition your mother has submitted a letter to this court giving the family background that led to this incident which I consider also in your favor.
12. For all these mitigating factors I deduct 03 months to reach 21 months imprisonment.
13. Having obtained the proper legal advice, you pleaded guilty and therefore I deduct 1/3 to reach 14 months imprisonment. Considering all the factors, I sentenced you to 04 months imprisonment for the Theft offence and made it concurrent to the 1^st count.
14. Now I have to consider whether to suspend your sentence. It has been held that the courts must make an effort to keep young first offenders out of prison (Nariva v The State [2006] FJHC 6; HAA0148J.2005S (9 February 2006),Prasad v State [1994] FJHC 132).
15. Even though your behavior on that day needs to be denounced, the main consideration of this sentence is allowing you a chance to reform.
16. Therefore I sentenced you to 14 months imprisonment for the Burglary offence, 04 months imprisonment for the Theft offence and these are suspended for 03 years.
17. If you commit any offences during next 03 years, you can be charge under section 28 of the Sentencing and Penalties Decree.
18. 28 days to appeal

Shageeth Somaratne

Resident Magistrate