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State v Namoko [2012] FJHC 1208; HAC059.2012 (12 July 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 059 OF 2012

BETWEEN:

STATE

AND:

VUNIANI NAMOKO
[1st Accused]

CHRISTOPHER J. FRANCIS
[2nd Accused]

SAIRUSI NAUMA
[3rd Accused]

MAIKELI NAROGO
[4th Accused]

Counsel: Ms. K. Semisi for State

All Accused Persons in Person

Date of Sentence: 12th July, 2012

SENTENCE

1. The Accused Persons above named were charged with one count of Aggravating Burglary and one count of Theft punishable under Section 313 (1) and 291 (1) of the Crimes Decree respectively.
   
2. When the case was mentioned to take plea, the 1st and 2nd Accused Persons pleaded guilty to the charges against them and admitted the summary of facts.
   
3. These two Accused persons together with two others had entered the office of Lowing & Associates Law firm and stole $16380 worth of computers, laptops, microwave, external hard drive and other items. This incident happened between 30th March to 2nd April 2012 during the floods at Nadi. Both Accused Persons admitted to their involvement and assisted the Police to recover items worth of $15320.
   
4. Being convinced with the plea to be unequivocal this Court found the 1st and 2nd Accused Persons guilty and convicted them as charged.
   
5. Section 313 (1) of the Cimes Decree prescribes maximum punishment for the offence of Aggravated Burglary as 17 years imprisonment.
   
6. Section 291 (1) of the Crimes Decree provides 10 years as maximum imprisonment for the offence of Theft.
   
7. Considering the tariff for the offence of Aggravated burglary our Court held the tariff is in between 18 months to 3 years. State v Buliruarua [2010] FJHC 384.
   
8. In Waisale Vakarauvanua v State [2004] FJHC 116, HAA 0051.J.2004S the Court held the tariff is in between 2 to 9 months imprisonment for the offence of Theft.
   
9. You have committed the offence of Burglary and theft at a time when this area was under floods. In fact the Country was under Natural disaster declaration. Considering this fact I commence your sentence at 3 years imprisonment for the offence of Aggravated Burglary and 9 months for the offence of Theft.
   
10. Considering the nature of the offence both have committed in the same course of transactions hence the Court orders both sentence to run concurrently.
    
11. Aggravating factors:
    
    1. You have broken into a Business firm and stolen the basic and essential business equipments;
       
    2. Your act may cause fear in the mind of law firms and it may affect their service towards the nation;
       

Considering the above factors I increase your sentence by one year. Now your sentence is 4 years imprisonment.

12. Mitigating circumstances:
    
    1. Both of you pleaded guilty at the very beginning of the case;
       
    2. 2nd Accused, you are a first offender;
       
    100. Stolen goods for the value of $15230 out of $16380 were recovered;
         
    4. Both of you are remorseful;
       
    5. 2nd Accused, you claim you are 19 years old and working as a Labourer at a Construction Company;
       
    6. Period served in remand (little over 3 months).
       

After considering the above mitigating circumstances I reduce 18 months from the sentence of the 1st Accused. Now your sentence is 30 months. Regarding the 2nd Accused, I reduce your sentence by 24 months. Now your sentence is 24 months imprisonment.

13. Both of you plead with the Court to consider a non custodial sentence. Considering the nature of the offence especially the time of the offence was committed. I do not think it will be appropriate to grant you a non custodial sentence, when an offence of this nature is committed at the time serious national natural disaster.
    
14. Anyhow considering your early plea and your age I act under Section 26 (1) of the Sentencing & Penalties Decree and impose the following sentence.
    

1st Accused - You are sentenced to 30 months imprisonment. You will be serving 6 months immediately and the balance of 24 months is suspended for a period of 3 years.

2nd Accused - You are sentenced to 24 months imprisonment. You will be serving 3 months immediately and the balance of 21 months is suspended for a period of 3 years.

Nature and the gravity of the suspended sentence are explained to you.

15. You have 30 days to appeal to Court of Appeal.
    

S. Thurairaja
Judge

At Lautoka
12th July 2012

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

All Accused Persons in Person