Regina v Aitorea [2011] SBMC 11; Criminal Case 1187 of 2010 (2 September 2011)

IN THE CENTRAL MAGISTRATE COURT

Criminal Case No. 1187/2010, 1728/2010, 723/2010 & 267/2011

REGINA

Vs

EDDIE AITOREA

Prosecution: PC Abel Maelanga
Defence: Mrs Martha Manaka
Date of Sentence: 2 September 2011

SENTENCE

(1) You are charged with the following offences:

(a) Criminal Case No: 1187/2010 with the offences of store breaking contrary to section 300 (A) of Penal Code. The particulars of the offence are that between 31st May and 1st June 2010 you broke and entered a store the property of Lucy Li.

In this case you challenged the admissibility of a confession and after a ruling on the voir dire on 5/8/11 you entered a plea of guilty on 11/8/11.

Facts:

The facts in this case are as follows:

- entry was gained through the roof after you cut the roof using sharp instruments.

- You then entered the shop after breaking the ceiling

- You disconnected the surveillance camera by cutting the cable.

- You stole cash estimated to be around $4,000 - $5,000.00 (SBD)

- You stole – 40 mobile phones

- You stole – 4 DVD players

- You stole 17 MP3 and MP4 players

The total value of all items stolen is $81,705.00

Out of 40 mobile phones only 2 mobile phones were recovered.

(b) Case No. 1728/2010

You are charged with 2 counts of robbery and the charges read as follows:

Ct1:	On the 31st October 2010 being armed with an offence weapon to wit a kitchen knife together with one person namely John Maedani did rob a person namely Jack Maetai'a.
Ct2:	On 31st October 2010 being armed with an offence weapon to wit a kitchen knife together with one person namely John Maedani did rob a person namely Joel Fataolisia.

- You pleaded guilty to Ct1 on 10/3/2011 and you pleaded guilty to ct 2 on 29/8/11 as that charge was not put to you on 10/3/11.

Facts:

- You committed the above offences in the company of Jack Maedani (Jack)

- You and Jack approached the victims at the Botanical garden where they were drinking beer with their girl friends.

- You and Jack pointed knives at them and told them not to move and took 13 bottles of Saratoga, their mobile phones and $15.00 cash and then you both left and the victims followed you and saw you near a bridge and they chased you down the Botanical garden and managed to retrieve their 2 mobile phones.

- Thereafter they managed to catch you and Jack and called the police – Jack was taken by the police whilst you escaped and you were arrested on 4/11/2010.

(c) Case No. 723/2010

You are charged with the following offences:

Ct1:	That on 13th April 2010 in a restricted place and without reasonable excuse did have in his possession a weapon to wit a knife.
Ct2:	On 13th April 2010 did resist a police officer namely Sergeant Mathias Tara acting in the execution of his duty.
Ct3:	On 13th April 2010 did assault a Police officer namely Sergeant John Tautai acting in the execution of his duty.

You pleaded guilty to these charges on 22/8/11.

Facts:

- When Police came, they saw that you were armed with a knife and you walked away and went behind Y. Sato shop and hid under a pick up truck.
- Police tried to reason with you and you got angry and police saw that you were carrying a kitchen knife with black handle 15 -25 cm long and it fell off from your hand.
- Police tried to calm you and approached you but you refused to cooperate.
- Later the police called for assistance and arrested you and took you to the Central Police Station.
- At the watch house police tried to explain the reason for your arrest and you did not want to listen and as the police were trying to formally arrest you and search you – you pushed out the officers hand.
- You continued resisting although police tried to calm you down and you threw a right punch at a police Sergeant and it missed him.

Case No. 267/2011

You are charged with the offence of shop breaking. The charge reads as follows:

Statement of offence
Store breaking

Particulars of offence

That on the 18th October 2010, did break and enter a store the property of Vivian Liu and did commit a felony therein to wit larceny.

- You pleaded guilty to this charge on 29/3/11

- Facts

- On 18/10/10 you broke into KLC shop owned by Vivian Liu.
- You were seen by the security guards of the neighbouring shop Excel coming out of the roof of the KLC shop
- The security guard called out to you but you escaped having stolen cigarette ($195), black tobacco ($375), coins $700 total $2,805.00

- Later the police arrested you and you participated in a record of interview and admitted to breaking into KLC shop and stealing from therein.

(2) You are 25 years old married with one child who is 10 months old and your wife presently lives in Malaita.

(3) Your Counsel has told me that you had differences with your parents and at age 15 years you went to live with your uncle at Lunga and upon attaining 18 years of age you want to live on your own and used to live in the streets and obtained assistance from people.

(8) You have a total of 8 previous convictions – the 1st one was committed in 2003 when you were a juvenile and other offences were committed between 2007 to 2010 and out of the last 6 previous convictions – 4 are for shop/warehouse breaking and 2 for simple larceny.

(7) On 27/6/08 you were sentenced to a term of 2 years imprisonment and you were released in early 2010 and you committed 2 offences of shop breaking in May/June 2010 and on 18/10/10 and 2 offences of robbery on 31/10/10 and other offences of assaulting police officer on 15/4/10.

(10) From your previous convictions and the series offences of offences of shop breaking that you committed in 2010 it is very clear that you have taken the easy option of breaking into shops and making a living from the things that you steal.

(11) In respect of 2 shop breakings in 2010 it seems that you have formed a pattern of gaining entries through the roof.

- in the offence on May/June 2010 you used instruments to cut through the roof.

- You disconnected the surveillance camera by cutting the cable.

- This breaking was carried out in a very sophisticated manner and it goes to show that you are indeed a very intelligent person, but instead of using your intelligence to some good use – you are using it to break into others properties.

- In this case you stole item to the total of $81,705 – this is a huge amount and out of 40 mobile phones only 2 were recovered which suggests that you sold the others.

(12) The offence of shop breaking carried the maximum penalty of 14 years imprisonment.

(13) You pleaded guilty to the charges and I shall give you credit for that and I also take into the totality principle in dealing with the various offences which you are charged with.

(14) You have been in custody since 18/10/10

(15) Taking into account your previous history and the fact that you committed serious offences you are sentenced as follows:

(a) Case no. 1187/2010 (Store breaking) – you are sentenced to a term of 4 ½ years imprisonment to be back dated to 18/10/10.

(b) For case No. 1728/2010 – (Robbery)

Ct1: You are sentenced to a term of 3 years and back dated to 18/10/10

Ct2: You are sentenced to 3 years imprisonment and backdated to 18/10/10

I order that Ct1 & 2 shall be served concurrently with each other and also concurrently with Case no. 1728/10.

(b) Case No. 723/2010

Ct 1 (Possession of weapon) – You are sentenced to 15 months imprisonment and back dated to 18/10/10

Ct 2: Resisting Arrest – 3 months imprisonment

Ct 3: Assaulting Police officer – 3 months imprisonment

I order that Ct 2 & 3 shall be served concurrently with Ct1 and all 3 counts shall be served concurrently with case no. 1187/2010

(c) Case No. 267/2011 – (Store breaking)

You are sentenced to 4 ½ years imprisonment backdated to 18/10/2010. I order that this sentence shall be served concurrently with case No. 1187/2010

Total sentence
The total sentence that you will serve is 4 ½ years' imprisonment, which is backdated to 18/10/2010.

Shafi Khan
Principal Magistrate