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State v Vereti [2010] FJMC 178; CRC 2012.2008 (30 December 2010)

IN THE RESIDENT MAGISTRATE'S COURT AT SUVA

Criminal Case No: 2012 of 2008

STATE

V

BEN JOHNSON VERETI

For Prosecution: Ms. Leweni T (DPP Office)
For Accused: Mr. Sharma N (Legal Aid)

Date of sentence: 30-12-2010

SENTENCE

1. You, BEN JOHNSON VERETI, are here, to be sentenced for the offences of Burglary contrary to section 299(a) of the Penal Code and Larceny in Dwelling House Contrary to Section 270 (a) of the Penal Code. On 16th December 2010, this Court found you guilty for above-mentioned charges.
   
2. Maximum prescribed sentence for the offence of Burglary is "Life imprisonment" and for an offence punishable under Sec. 270 (a), for fourteen years. Tariff for Burglary is 2 to 3 years imprisonment. [Maya v. State 2008 FJHC 265, Shameem J on 24th October 2008] and according to Connors J in Nayavarua v. State [2005 FJHC 334 on 28th October 2005] "Madam Justice Shameem in Tomasi Curuvesi v The State – Cr. App. No. HAA 86 of 2002S sets forth the various authorities and concludes that the tariff for house breaking, entering and larceny is between 18 months and 3 years imprisonment".
   
3. This incident is a home invasion. Considering the facts of this case I set the starting point of sentencing as follows:
   

For count one for 24 months imprisonment and,

For count two for 18 months imprisonment.

Aggravating Facts

4. Prosecution managed to prove all elements of the charges. It is proved that you have invaded the home of the complainant at about 4 am in the morning. Every person considers his/her home as a place where they have privacy and comfort to live with out any fear.
   
5. Considering these facts as aggravating facts I add another 03 months to each count.
   

Mitigating facts

6. Prosecution could not prove any previous convictions against your name. So I reduce 02 months from each count to reflect your previous good character.
   
7. In mitigation you asked for Court's leniency and forgiveness. You are 23 years old and a first offender. You are the eldest of the family and you have been educated till stage 2 in electrical engineering at the TPAF. You are a rugby player and you said that you have been selected to go to USA for a rugby tour in early 2011. You said that you are a regular member of a religious youth organization. According to you, on the day of the incident you were drunk and could not re-call the incident. To reflect these facts I reduce 04 months each from your sentence.
   
8. Your sentences now stands for, 21 months imprisonment for count one and 15 months imprisonment for count two.
   
9. I am mindful to the fact that this Court is empowered to suspend the sentences which are below two years. I take following facts into consideration to reach my decision.
   
   1. Fist offender
   2. Young offender
   3. Value of the Stolen items
   4. Recovery of a stolen item
   5. No evidence of damage to the house
   6. No harm caused to anyone in the house
   7. No threat to anyone in the house
      
10. Considering the above-mentioned facts I order both of your imprisonment terms to run concurrent to each other and I suspend the term for 03 years.
    
11. If you commit any other offence during the operational period of this suspended sentence and found guilty by the court you are liable to serve 21 months imprisonment.
    
12. 28 days to appeal.
    

On this Thursday the 30th day of December 2010

Kaweendra Nanayakkara
Resident Magistrate