State v Nadali - Sentence [2018] FJMC 5; Criminal Case 476.2013 (31 January 2018)

IN THE MAGISTRATE’S COURT AT LABASA

CRIMINAL JURISDICTION

Criminal Case No.476 of 2013

STATE

v

PAULIASI NADALI

For the Prosecution: PC Akash

For the Accused : In Person

Sentence : 31 January 2018

SENTENCE

1. The accused, Pauliasi Nadali, you are before this Court today to be sentenced for the offences of Burglary and Theft under section 312(1) and 219 of the Crimes Decree 2009, respectively.
   
2. On 3 November 2017, the case was listed for mention to fix a hearing date for voir dire. On that date you informed the court that you wish to plead guilty to the charges. The charges were re-put to you where you pleaded guilty to both the offences on your own free will and without any force or inducement. I find your plea to be unequivocal.
   
3. The brief summary of facts are;-

“On 23^rd day of August 2012, the accused, Pauliasi Nadali broke and entered into the house of Vulase Johanson at Vatia subdivision, Labasa, and stole a black and red Canterbury bag valued $60.00, one tabua valued $150.00, two masi (tapa) valued $350.00, a blue jacket valued $100.00, all to the total value of $660.00, the property of Vulase Johanson.

4. You admitted to the summary of facts on 3 November 2017, and convicted as charged.
   
5. The maximum penalty for Burglary is 13 years imprisonment. The tariff is from 12 months to 3 years imprisonment as set in Mosese Uluicicia v State, Criminal Appeal No. HAA 028 of 2014. The maximum penalty for Theft is 10 years imprisonment. The tariff is for 2 to 9 months for simple theft and 9 months and more for repeated offenders as set in Vakarauvanua v The State [2004] FJHC 116.
   
6. The aggravating factors are;-
   
   1. offended when the house is empty.
   2. create insecurity to the privacy of house owners.
      
7. The only compelling mitigating factor that you offered is that you seek the court forgiveness.
   
8. For your sentence, I will start with Burglary and I pick 2 years as my starting point. I add 1 year for the aggravating factors and that increase your sentence to 3 years. I reduce 6 months for your mitigation and that reduce your sentence to 2 years and 6 months imprisonment.
   
9. You did not enter an early guilty plea and you are not entitle for the one third reduction. However, I will give you 5 months discount for your guilty plea. That reduce your sentence to 2 years and 1 month imprisonment.
   
10. I have noted from the record that you were in remand for about 2 weeks, there after you are serving for other case. I will give discount for the 2 weeks you were in remand. That reduce your sentence to 2 years and 2 weeks imprisonment.
    
11. In compliance with the “one transaction rule” as imposed by the Supreme Court in Wong Kam Hong v The State (unreported) Criminal App No. CAV 0002 of 2013 (23 Oct 2003), I impose 7 months imprisonment as your sentence for the count of Theft.

12. You are concurrently a serving prisoner, in you mitigation you requested for this sentence to be concurrent with the sentence that you are currently serving.
    
13. Pauliasi Nadali, I now sentence you as follows; -
    
    1. Count 1 - Burglary - 2 years and 2 weeks imprisonment.
    2. Count 2 - Theft - 7 months imprisonment.
    100. Sentence for both the counts to be served concurrently with non parole period of 16 months.
    4. This sentence to be served concurrent to the sentence that you are currently serving in other case.

28 days to appeal.

C. M. Tuberi

RESIDENT MAGISTRATE