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State v Qalobula [2010] FJMC 143; Criminal Case 886 of 2009 (3 December 2010)

IN THE RESIDENT MAGISTRATE'S COURT
AT SUVA

Criminal Case No: 886 of 2009

STATE

v.

SEKONAIA VOLAU QALOBULA

For Prosecution: Insp. Gosai
Accused: Present in Person

SENTENCE

1. You, SEKONAIA VOLAU QALOBULA, are here, to be sentenced on admission of guilt on your own accord for the offences "Damaging Property" contrary to sec 324 of the Penal Code and "Larceny" Contrary to Section 259 (1) and 262 (2) of the Penal Code.
   
2. According to the facts (which you have admitted), on 02nd August 2008, you have broken the right quarter glass of a rental car which was parked at Central Car Park in Suva and stolen items valued at US$ 7,560 from that car. On 06th August 2008, upon a tip – off received police raided your house and recovered a bad containing some items belong to the complainant. Upon arresting you have admitted to the crime. Value of recovered items are US$ 4500.
   
3. When this case called up in court on 03rd November 2010, after waiving your right to counsel you plead guilty for the charge.
   
4. Maximum sentence for the offence under Sec. 262 (2) is ten years for an offender with a previous conviction. Tariff for Larceny is 12 months to 18 months imprisonment. (Poniasi Saulekaleka v. The State HAA0050 of 2001 S / Talau v. The State 2005 FJHC 212; HAA0078J.2005, on 05th May 2005 per Shameem J and Emosi Betu v. The State HAA58 of 2008 0n 11th November 2008 per Anthony J Sherry J).
5. You are a repeat offender. According to you, you are presently serving an imprisonment term for an offence of "Larceny from a Dwelling House". You have one previous conviction in 2002, which again is also for an offence of "Larceny".
   
6. You are not a first offender, so you are not entitled for any discount for your previous good behaviour. I set my starting point of sentencing for 18 months. For your guilty plea I reduce 04 months from your sentence.
   
7. You have committed this offence in the broad day light where several people are moving around. Complainant's car was parked at a car park after paying for parking where he assumed that his car to be safe. Your actions show that you have no regard to the belongings of others. Considering these facts as aggravating facts I add another three months to your sentence. Your sentence now stands at 17 months imprisonment.
   
8. In mitigation you said that you are married with one child and you sought forgiveness of the Court. You request a concurrent sentence. You informed that you are the sole-breadwinner of the family. I reduce 03 months from your sentence to reflect the mitigating facts.
   
9. Your sentence now stands for 14 months imprisonment. I order that your sentence to be run concurrent to the present serving term. As per sec. 18(3) of the Sentencing and Penalties Decree 2009, you are ordered to serve 07 months imprisonment without being eligible for parole.
   
10. 28 days to Appeal.
    

On this Friday the 03rd day of December 2010

Kaweendra Nanayakkara
Resident Magistrate