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State v Raluna [2021] FJHC 312; HAC96.2021 (17 November 2021)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION


Crim. Case No: HAC 96 of 2021


BETWEEN:
STATE
PROSECUTION


A N D:
TUKAI PENI RALUNA
ACCUSED PERSON


Counsel : Ms. B. Kantharia for the State

Ms. T. Kean for Accused


Date of Sentence : 17th November 2021


SENTENCE


  1. Mr. Tukai Peni Raluna, you pleaded guilty to one count of Aggravated Burglary, contrary to Section 313 (1) (a) of the Crimes Act, which carries a maximum sentence of seventeen years imprisonment, and one count of Theft, contrary to Section 291 (1) of the Crimes Act, which has a maximum sentence of ten years imprisonment. The particular of the offences are that:

FIRST COUNT


Statement of Offence

AGGRAVATED BURGLARY: Contrary to Section 313 (1) (a) of the Crimes Act 2009.


Particulars of Offence

TUKAI PENI RALUNA on the 6th day of February, 2021 at Raiwaqa in the Central Division, entered into the property of MOHAMMED SHAFIQ as trespassers, with the intention to commit theft therein.


SECOND COUNT


Statement of Offence

THEFT: Contrary to Section 291 (1) of the Crimes Act 2009.


Particulars of Offence

TUKAI PENI RALUNA on the 6th day of February, 2021 at Raiwaqa in the Central Division, in the company of each other, dishonestly appropriated 8 packets of Benson and Hedges 10s cigarettes and $700.00 cash, the property of MOHAMMED SHAFIQ with the intention of permanently depriving MOHAMMED SHAFIQ of his properties.

  1. Satisfied by the fact that you have fully comprehended the legal effect of your plea and your plea was voluntary and free from influence, I now convict you of these offences of Aggravated Burglary and Theft.
  2. According to the summary of facts, which you admitted in open Court, you had entered the canteen of the Complainant with two other alices and stole the items aems as stated in the Information. You had gone to the canteen after other accomplices and then lit the matches as it was dark inside, for the accomplices to take the stolen items.
  3. This is a breaking of a business place and stealing therein. You broke into this cante the night while the owner was away. The crimes of this nats nature, which are targeting the business places, undoubtedly affect the entire community. You have instilled fear and insecurity among the people by committing this crime. I, accordingly, find this is a severe offence.
  4. Having considered the serious nature of these offences, I now proceed to determine an appropriate sentence for you in line with general principles, objectives, and purposes of sentencing as stated under sections 4 (1) and 4 (2) and 15 of the Sentencing and Penalties Act.
  5. These two offences are founded on the same series of offending. Therefore, I find it is appropriate to impose an aggregate sentence pursuant to Section 17 of the Sentencing and Penalties Act.
  6. The tariff for the offence of Aggravated Burglary is between 18 months to 3 years. The tariff for the offef Thof Theft has been stipulated in Ratusili v State [2012] FJHC 1249HAA011.2012 (1 August 2012), where Justice tice Madigan held that:
    1. For a first offence of simple Theft the sentencing range should be between 2 and 9 months.

ii) Any subsequent offence should attract a penalty of at least 9 months.


iii) Theft of large sums of money and thefts in breach of trust, whether first

offence or not can attract sentences of up to three years.


(iv) Regard should be had to the nature of the relationship between offender

and victim.


v) Planned thefts will attract greater sentences than opportunistic thefts.


  1. Considering the nature of the items, you have stolen and the manner that you have entered into the premises, I find the level of culpability and the harm is high in this offending.
  2. You are 19 years old and a first offender. You pleaded guilty to these offences at the first available opportunity. Moreover, you had admitted your responsibilities of committing these offences in your caution interview. In doing that, you have expressed and shown your remorse and repent of committing this crime. Therefore, you are entitled to a substantial discount for your early plea of guilty.
    3. Considering the reasons discussed above, I sentence you to 20 months imprisonment as an aggregated sentence for these two counts as charged. Your sentence is partially suspended, where you shall serve ten months of your sentence instantly, and the remaining period of ten months is suspended for three years. Considering the time spent in custody (nearly seven months and seventeen days), I consider eight (8) months as a period of imprisonment that you have already served. Accordingly, the actual period you have to serve in custody is two (2) months imprisonment.
  3. If you commit any crime during that period of three (3) years and are found guilty by the Court, you are liab be charged and prosecuted uted for an offence according to Section 28 of the Sentencing and Penalties Act.
  4. Thirty (30) days to appeal to the Fiji Court of Appeal.

.................................................

Hon. Mr. Justice R.D.R.T. Rajasinghe


At Suva
17th November 2021


Solicitors
Office of the Director of Public Prosecutions for the State.
Office of the Legal Aid Commission for the Accused.


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