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State v Tuilekuta [2010] FJMC 105; Criminal Case 02 of 2010 (17 March 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Case No. 02/2010

BETWEEN

THE STATE

AND

ILIESA TUILEKUTA

SENTENCE

1. You, Iliesa Tuilekutu are to be sentenced upon pleading guilty to the charge of arson contrary to Section 317 of the penal Code.
   
2. The maximum sentence for Arson is life imprisonment.
   
3. In this case I pick my starting point as 3 years.
   
4. It was revealed that you have set fire to the main bure of an island resort. You have caused damage to the value of 200 000 dollars by setting fire to that island resort. It was further revealed that you have committed this offence due to a personal dispute you had with the management of the hotel.
   
5. You have set fire to the hotel you worked for and it is a breach of trust by an employee. It appears that this is a premeditated act and you have risked the lives of the other people too. If the guests were not evacuated the consequences of your action could have been disastrous. The damage caused to the island resort seems to be enormous and the court has to consider the impact on the hotel industry and the impact on the economy by your actions.
   
6. These kind of premeditated actions which jeopardize the lives and property of innocent people and the economy of the country have to be treated in a very serious manner by the courts.
   
7. Thus I enhance the sentence by two years.
   
8. In mitigation you said that you are sorry for dragging on this case. You said that you have worked as a diving instructor for 7 years. You said that you are married and you have a son. Further you said that there is no one to look after your family. You asked for forgiveness from this court. It appears that you are remorseful of your actions.
   
9. Thus for the mitigatory circumstances I reduce the sentence by one year.
   
10. You have committed this offence as a personal vendetta. Your actions are premeditated and cannot be endorsed in a civilized society. It does not seem that you have thought about the repercussions and the plight of your family when you committed this crime.
    
11. The court has a duty to impose a deterrent penalty for this kind of ruthless actions to ensure safety and well being of the members of the society as well as to ensure protection of the industries which are crucial to the economy.
    
12. Therefore I do not see any reason which permits this court to impose a non custodial sentence in this case. Accordingly I impose a three years imprisonment on you for committing arson contrary to Section 317 of the Penal Code.
    

28 days to appeal.

Rangajeeva Wimalsena
Resident Magistrate

Lautoka.
17.03.2010.