State v Weleilakeba - Sentence [2019] FJMC 5; Criminal Case 187 of 2018 (21 January 2019)

IN THE MAGISTRATE’S COURT AT LABASA

CRIMINAL JURISDICTION

Criminal Case No.187 of 2018

STATE

v

MITIELI CAMA WELEILAKEBA

Appearance : WSGT Mere for the prosecution

Accused in person

Sentence : 21 January 2019

SENTENCE

1. The accused, Mitieli Cama Weleilakeba, today is for sentencing for the offences of Burglary and Theft under section 312(1) and 219 of the Crimes Act, respectively.
   
2. On 31^st August 2018, you elected to be tried before this court on the first count of Burglary. On the same day you waived your right to counsel. On 17 September 2018, you pleaded guilty to both the offences. I find your plea to be unequivocal as it was given on your own free will.
   
3. The brief summary of facts are;-

“On 28 August 2018, the accused, Mitieli Cama Weleilakeba forcefully broke into the kitchen door at the dwelling house of Ritesh Dayal (the victim) at Tikilo, Seaqaqa. The accused entered into the victim’s dairy shop which is adjacent to the victim’s dwelling house. In the dairy shop, the accused stole 10 $7 ink recharge valued $70.00, 20 $1 ink recharge valued $20.00, 5 $7.00 voda recharge valued $35.00, 15 $3.00 digicel recharge valued $45.00, one Poksi mobile phone valued $199.00, cash valued $1,210.00, 15 packets BH valued $120.00, 10 lighter valued $30.00, and 3kg waka valued $300.00, all to the total of $2,029.00 the property of the victim.

4. You admitted to the above summary of facts on 7 January 2019, and convicted as charged for both the offences.
   
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 community.
      
7. The compelling mitigating factors are;-
   1. young offender of 24 years old,
   2. remorseful and seek forgiveness,
   3. partial recovery.
      
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 entered an early guilty plea and you are entitle for the one third reduction of 10 months. I reduce 10 months from your sentence. That reduce your sentence to 1 year and 8 months imprisonment.
   
10. I noted from the record that you were in remand for about 1 month and 1 week. I reduce that from your sentence and that reduce your sentence to 1 year, 6 months, and 3 weeks imprisonment.
    
11. Your final sentence for Burglary is 1 year, 6 months, and 3 weeks imprisonment.
    
12. 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 10 months imprisonment as your sentence for the count of Theft as you are a repeated offender.

13. In this sentence, I have considered section 4 of the Sentence and Penalties Act. I also considered the principle of rehabilitation and deterrent. Home invasion is a concern of our society and deterrent sentence both specific and general must be imposed to denounce such conduct.
    
14. Mitieili Cama Weleilakeba, I now sentence you as follows; -
    
    1. Count 1 - Burglary - 1 year, 6 months, and 3 weeks imprisonment.
    2. Count 2 - Theft - 10 months imprisonment.
    100. Sentence for both the counts to be served concurrently with immediate effects.
         

28 days to appeal.

C. M. Tuberi

RESIDENT MAGISTRATE