IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 059 OF 2011

BETWEEN:

STATE

AND:

SAVENACA VUNISA
[1st Accused]

JALE ULUILAKEBA
[2nd Accused]

VILIAME MARTIN
[3rd Accused]

Counsel: Ms. K. Semisi for State
All Accused in Person

Date of Sentence: 6th July, 2012

SENTENCE

1. The Accused Persons above named were charged with one count of Aggravating Burglary and one count of Theft.

2. All three Accused Persons appeared before the Magistrate of Nadi and pleaded guilty. The learned Magistrate after hearing their plea, referred the matter to the High Court for Sentencing.

3. When the case was taken up at this Court on the 13th June 2012 all three Accused Persons informed the Court that they are still maintaining their plea of guilty.

4. Considering the nature of the plea to be unequivocal all three Accused Persons were found guilty and convicted as charged.

5. Savenaca Vunisa, Jale Uluilakeba, Viliame Martin you stand convicted for Aggravated Burglary and Theft punishable under Section 291 (1) and 313 (1) of the Cimes Decree 44 of 2009 respectively.

6. According to the Summary of Facts available, on the 20th February 2011, all of you broke into a shop called Exotic Movie World at Malolo, Nadi and stolen cash $200.00, 4 x DVD Player – $1196.00, 4 x Apple Radio – $280.00, 4 x Musk Radio - $112.00, 3 mobile phones - $994.00, 3 x Stand Camera – $77.85, 10 x Dip Ear Phone - $90.00, 9 x Canal Type Ear Phone - $81.00, 4 x USB Multiple Charger - $60.00, 2 x Game Box - $398.00, 2 x Multimedia Speaker - $52.00, 6 x Laptop Game - $180.00, 3 x Slide Game - $90.00, 3 x Ear Phones - $25.00, 2 x Head Phones - $50.00, 1 x Pioneer Deck - $350.00, 1 x Exotic Deck - $99.00, total value was $4334.85.

7. Section 313 (1) of the Crimes Decree prescribes 17 years imprisonment as maximum sentence for the offence of Aggravated burglary.

8. Section 291 (1) of the Crimes Decree provides 10 years as maximum imprisonment for the offence of Theft.

9. Considering the tariff for the offence of Aggravated burglary our Court held the tariff is between 18 months to 3 years. State v Buliruarua (1010) FJHC 384.

10. In Waisale Vakarauvanua v State (2004) FJHC 116, HAA 0051.J.2004S the Court held the tariff between 2 to 9 months imprisonment for the offence of Theft.

11. Considering the nature of the offence I commence your sentence at 2 years for the offence of Aggravated burglary.

12. For the offence of Theft I commence your sentence at 8 months imprisonment.

13. Both offences are committed in the same course of transaction hence I order both sentences to run concurrently.

14. Aggravating factors:

a)	Break entry to business premises;
b)	Your act will cause insecureness among the business community which in turn will reduce the stock in business and finally affect the economy of the country;
c)	Your act will set bad example among youths in the area.

Considering all aggravating factors I increase your sentence by 6 months. Now your sentence is 2 years and 6 months imprisonment. 

15. Mitigating circumstances:

a)	You all pleaded guilty at a very early stage of the case;
b)	You seek forgiveness;
c)	Remorseful;
d)	2nd and 3rd Accused Persons are first offenders;
e)	2nd Accused, you are 23 years old and student of Fiji National University (FNU);
f)	3rd Accused, you are 18 years old and student of Fiji National University;
g)	2nd Accused, you claim that you come from a broken family;
h)	Period in remand.

16. The 1st Accused has previous convictions and pending cases. I am not considering those as aggravating factors. But I am unable to consider giving certain rebates given to first offenders to you.

17. After carefully considering all above mitigating circumstances I reduce your sentence as follows:

1st Accused - I reduce 12 months from your sentence, now your sentence is 18 months imprisonment.

2nd & 3rd Accused - I reduce18 months from your sentence, now your sentence is 12 months imprisonment.

18. You all urge Court to consider a suspended sentence. I consider Section 26 (1) of the Sentencing & Penalties Decree:

"On sentencing an offender to a term of imprisonment a court may make an order suspending, for a period specified by the court, the whole or part of the sentence, if it is satisfied that it is appropriate to do so in the circumstances."

19. Considering the nature of the offence, I find it difficult to understand your attitude towards other's properties and their feelings. Hence I am unable to accede to your request fully. But considering your early plea and age I impose the sentence as follows:

i) 1st Accused Savenaca Vunisa - You are sentenced to 18 months, it will be implemented consecutive to your present sentence.

ii) 2nd Accused Jale Uluilakeba & - You will be serving 2 months of 3rd Accused Viliame Martin your sentence immediately and the balance 10 months is suspended for a period of 2 years.
Nature and consequence of the sentence are explained to 2nd and 3rd Accused Persons.

20. 30 days to appeal to Court of Appeal.

S. Thurairaja
Judge

At Lautoka 
6th July 2012

Solicitors : The Office of the Director of Public Prosecution for State

All Accused Persons are in Person