Home | Databases | WorldLII | Search | Feedback Magistrates Court of Fiji

State v Baleimakogai [2010] FJMC 87; Criminal Case 178 of 2010 (6 April 2010)

IN THE FIRST CLASS MAGISTRATE'S COURT
AT NAUSORI
FIJI ISLANDS

Criminal Case No: 178 of 2010

STATE

V

WAME BALEIMAKOGAI

Before: Chaitanya Lakshman
Resident Magistrate

For Prosecution: Inspector Ali
Accused: Present

SENTENCE

Introduction

You are charged with Burglary and Theft, Contrary to Section 312 and 291 of the Crimes Decree 2009, respectively. The 1st Count is Burglary and the particulars of the offence are that, you, Wame Baleimakogai on the 2nd day of April 2010 at Korovou, Tailevu in the Central Division broke and entered the shop of Rajiv Sharma as a trespasser with intent to steal therein. For Count 2, Theft, the particulars are that you, Wame Baleimakogai on the 2nd day of April 2010 at Korovou, Tailevu in the Central Division stole from the shop of Rajiv Sharma therein $215 cash, 10 x $5 Digicel recharge cards valued at $50, 7 x $2 Vodaphone recharge cards valued at $14, 1 Digital camera valued at $300, 1 wrsut watch valued at 410, 3 Tabua valued at $520, and 5 mobile Phones valued at $200 all to the total value of $1309.00 the property of Rajiv Sharma.

You on your own free will pleaded guilty to both the counts that you are charged with. Your mitigation is as follows following:

- 34 years old.
- Single.
- $50/week.
- Regret action.

The court notes that the maximum penalty for burglary 13 years and 10 years for theft.

For the 1st Count the court starts with a sentence of 6 years for the offence. The reason this court is starting on the higher scale is that you have a similar record of shop breaking and entering and larceny and for which you were placed on probation for 12 months in 2008. You have already been given a chance. You do not wish to rehabilitate and turn your life around. You have within 2 years committed a similar offence. The Court notes that this offence is prevalent and there is a need to protect the businesses and tell criminals that they will be given stern sentences, not just pittance for offences where they burgle and steal another's property. Word must go out that burglary and stealing will not be lightly dealt with by the judiciary.

For the aggravating factors which include; the fact that this happened at night. the court increases the sentence by 12 months.

The Court cannot allow you any discount for your character as you have 2 previous convictions. The Courts need to protect the business community from people like you. The Court notes that apart from $215 and the recharge cards the rest of the items were recovered. The Court notes the short time you spent in custody.

The court notes your mitigation and the early guilty plea and the time you have spent in remand for this the court allows 12 months discount.

You are sentenced to 6 years imprisonment for the 1st Count.

For the 2nd Count the court starts with a sentence of 6 years for offence. For the aggravating factors which include; non-recovery of the money and the recharge cards. the court increases the sentence by 12 months. The court notes your mitigation and the early guilty plea, the recovery of certain items and the time you have spent in custody for this the court allows 12 months discount.

You are sentenced to 6 years imprisonment for the 2nd Count. Both are to be served concurrently.

28 days to appeal.

Chaitanya Lakshman
Resident Magistrate

NAUSORI
06/04/10