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State v Gasaucalayawa [2011] FJMC 32; CRC210.2009 (6 January 2011)

IN THE RESIDENT MAGISTRATE'S COURT AT SUVA

Criminal Case No: 210 of 2009

STATE

V

1. MOSESE GASAUCALAYAWA
2. SAKEO RAIKACI

For Prosecution: Ms. Naidu S (DPP Office)
Second Accused: Present, In Person
Date of sentence: 06th January 2011

SENTENCE for Sakeo Raikaci

1. You, SAKEO RAIKACI, are here, to be sentenced for the offence of Burglary and Larceny an offence contrary to section 299(a) of the Penal Code.
   
2. When this case was called before me on 19th November 2010, you informed that you are pleading guilty to the charge. You further informed that you have pleaded guilty even on the first time you have been produced before the Court. However, you were under a bench warrant for a considerable period of time.
   
3. According to the summary of facts (which you have admitted), on 11th February 2009 at about 2200hrs you broke into the dwelling house of PW-1 with another and stolen several personal items valued at $848. You with the other accused entered into the house through a window. You took some items to your home and remaining items were kept at the compound of Fiji museum. PW-1 identified both of you by the cloths you were wearing, which belongs to PW-1 and stolen from his house.
   
4. Maximum prescribed sentence for the offence of Burglary is "Life imprisonment". 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".
   
5. This incident is a home invasion. Considering the facts of this case I set the starting point of sentencing for 24 months imprisonment. To reflect the guilty plea I reduce 06 months from your sentence.
   
6. I find no aggravating circumstances.
   

Mitigating facts

7. In mitigation you informed that you are 24 years old and married with two children. You are unemployed and you are a graduate from Victory Bible Institute. You begged for another chance.
   
8. To reflect these facts I reduce 04 months each from your sentence.
   
9. Your sentences now stands for, 14 months imprisonment.
   
10. I am mindful to the fact that the sentences below two years could be suspended by this Court.
    
11. You are a young offender and your involvement in this offence is minimum. Most of the stolen items had been recovered and handed over to the complainant.
    
12. You only have one previous conviction against your name and that is for an offence of Assault Occasioning Actual Bodily Harm. There is no evidence before Court to prove that you are involved in committing any other offences after this case.
13. Considering these facts I am of the view that you should not be subjected to a custodial sentence. Hence, I suspend the 14 months imprisonment term for 03 years.
    
14. 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 14 months imprisonment.
    
15. 28 days to appeal.
    

On this Thursday the 06th day of January 2011

Kaweendra Nanayakkara
Resident Magistrate