State v Bolatagane [2017] FJMC 90; Criminal Case 398.2017 (10 July 2017)

IN THE MAGISTRATES’ COURT OF FIJI
AT NAUSORI

Criminal Case No: - 398/2017

STATE

V

NOLANI BOLATAGANE

For the Prosecution: WPC Vikashini

The Accused: In person

Date of Sentence : 10^th of July 2017

SENTENCE

1. NOLANI BOLATAGANE, you pleaded guilty this afternoon to one count of Criminal Trespass contrary to section 387(4) of the Crimes Act No 44 of 2009(“Crimes Act”).
2. According to admitted summary of facts on 09^th July 2017 you entered in to the property of the complainant in the night. You accused him of spreading rumors which annoyed the complainant.
3. I am satisfied that your plea was voluntary and unequivocal .Accordingly you are convicted for this offence.
4. The maximum penalty for Criminal Trespass under the Crimes Act is 01 year imprisonment.
5. The tariff for the offence of criminal trespass is mentioned as 1 – 9 months (Ravuwai v State [2007] FJ HC55; Buli v State [2011] FJHC 696; HAA 025.2011 (3 November 2011), State v Basilio Nukumata [2011] FJHC 109; HAC 184.2010) .
6. Considering the objective seriousness, I select 03 months as the starting point for this offence.
7. The aggravating factor is that you were drunk at that time and for that I add 02 months to reach 05 months imprisonment.
8. In your mitigation you submitted that you are married with a child and seeking forgiveness from the court. You are a first offender. For these I deduct 02 months to reach 03 months imprisonment.
9. For pleading guilty at the earliest opportunity, finally I deduct 1/3 to reach 02 months imprisonment.
10. Now I have to consider whether to suspend your sentence pursuant to section 26(2) (b) of the Sentencing and Penalties Act.
11. Your personal mitigating factors and remorse shown through the early guilty plea is sufficient for me to suspend your sentence allowing you the chance to rehabilitate.
12. Hence I suspend your sentence to 01 year.
13. If you commit any offences during next 01 year you can be charged under section 28 of the Sentencing and Penalties Act.
14. 28 days to appeal.

.

Shageeth Somaratne

Resident Magistrate