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State v Narogo [2012] FJHC 1315; HAC59.2012 (31 August 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 059 OF 2012

BETWEEN:

STATE

AND:

MAIKELI NAROGO
[2nd Accused]

Counsel : Mr. L Sovau for State
Accused Person in Person

Date of Sentence : 31st August 2012

SENTENCE

1. The Accused Person above named with others were charged with one count of Aggravated Burglary and one count of Theft punishable under Section 313 (1) and 291 (1) of the Crimes Decree respectively.
   
2. The 2nd Accused pleaded guilty to the charges against him and admitted to the summary of facts.
   
3. According to the Summary of facts this Accused together with 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. This Accused 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 2nd Accused guilty and convicted him as charged.
   
5. Section 313 (1) of the Crimes 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 (1010) 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 Aggravated 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. These two offences were committed in the same course of transaction hence this 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. You have pleaded guilty;
    2. You are first offender;
    100. Period serve in remand 4 months;
    4. You claim you are remorseful;
    5. Your father is handicapped and you are the bread winner of the family;
       
    6. Stolen goods for the value of $15230 out of $16380 were recovered;
       

I reduce 30 months from your sentence your sentence is 18 months imprisonment.

13. 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.
    

2nd Accused - You are sentenced to 18 months imprisonment.

You will be serving 3 months immediately and the balance of 15 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
31st August 2012

Solicitors : The Office of the Director of Public Prosecution for State
Accused Person in Person