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State v Koroi [2011] FJMC 40; CRC18.2011 (2 March 2011)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 18/11

BETWEEN

THE STATE

AND

PANAPASA KOROI

SENTENCE

1. You, Panapasa Koroi are to be sentenced upon pleading guilty to one count of burglary contrary to Section 312(1) of the Crimes Decree and one count of theft contrary to Section 291(1) of the Crimes Decree.
   
2. The maximum punishment for burglary is imprisonment for 13 years. The maximum punishment for theft is imprisonment for 10 years.
   
3. It was revealed that on the 6th December 2010 you broke into a shop and stole 9 bottles of liquor all to the total value of $810. On the 5th December 2010 you were drinking with some Fijian girls. When your drinks were finished you went to the Pizza in Paradise shop and broke and entered into the said shop through a back window. You forcefully opened the louvre blades and entered into the shop. You stole 9 bottles of assorted liquor. You went back and drank those bottles again with your friends. You were arrested on the following day upon an information received by the Police. You admitted committing the offence in the caution interview.
   
4. It appears that you committed this offence whilst you were drunk. You broke into the shop to look for more drinks. This kind of offences are prevalent in the society and the Court has a duty to take appropriate actions to curb them. You stole items worth of substantial value and no recovery was made except for the empty bottles. When imposing sentences in cases of this nature, the Court has a primary duty to guarantee the safety and protection of properties belong to the members of the society.
   
5. You admitted that you have 17 previous convictions. It does not seem that you have learnt a lesson from the previous sentences you have served. Further it appears that you committed this offence soon after you were released from the prison.
   
6. In mitigation you said that you are 30 years and you were first convicted when you were 16 years. You said you were released from prison in November 2010. You said you are from a broken family and your father is getting older. Further you said you want to start a business of your own and to start a family. You asked for another chance and said that you will not re offend. You said you will do your best to be a good citizen. Further you tendered an early guilty plea saving the time of this Court.
   
7. However it should be noted that your action do not reflect that you have even attempted to rehabilitate yourself. Just after one month from releasing from the prison you committed this offence only to find more drinks to enjoy with your friends.
   
8. Be that as it may, I pick my starting point for the first count as 2 years and for the second count as 18 months. For the aggravating circumstances I enhance the sentence for the first count by one year and for the second count by six months. For the mitigatory circumstances I reduce each sentence by 12 months. Thus I arrive at a two years imprisonment for the first count and one year imprisonment for the second count.
   
9. As per Winter J in Viliame Cavuilagi –v- State [2004] HAA031/04 Judgment of 14 April, 2004; "Repetitive, recidivist offending must inevitably lead to longer sentences of imprisonment unless the offender can demonstrate special circumstances that motivate the court to sentence otherwise. This principle meets three of society's needs. Firstly it might act as a deterrent to the offender and others who fall into a pattern of semi-professional crime to support themselves. Second society is entitled to sideline or warehouse repeat offenders out of the community for longer periods of time so that at least during the term of incarceration they cannot wreck havoc on the lives of law abiding citizens. Thirdly offenders deserve punishment that fits the circumstances of the crime."
   
10. I do not think the circumstances of this case and your previous records warrant this Court to impose a non custodial sentence on you. Accordingly I impose two years imprisonment for the first count and one year imprisonment for the second count. I order that both sentences should run concurrent to each other.
    
11. The court is mindful of the significance of motivating offenders to rehabilitate themselves. Thus the court has to leave some room for the offenders to benefit from genuine and effective rehabilitation and correction. Therefore I order that you are eligible for parole after 12 months.
    

28 days to appeal. Grouched

Rangajeeva Wimalasena
Resident Magistrate

Lautoka

02.03.2011