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State v Rabakoko [2015] FJMC 44; Criminal Case 1804.2010 (30 March 2015)

IN THE RESIDENT MAGISTRATES COURT OF FIJI
AT SUVA

Criminal Case No: - 1804/2010

STATE

V

SEMISI RABAKOKO

PC Josuha for the prosecution
The Accused in person
Date of Sentence : 30th March 2015

SENTENCE

1. SEMISI RABAKOKO , you were charged in this Court for one count of Restaurant Breaking Entering and Larceny contrary to section 300(a) of the Penal Code, cap 17.
   
2. You pleaded not guilty for the charge wherefore this was taken for hearing. When the prosecution was about to close their case you informed the Court that you wanted to change your plea.
   
3. The charge was again read back to you and you pleaded guilty and also admitted the summary of facts tendered by the prosecution. Summary of facts revealed that on 15th January 2009 you with another broke in the Golden Palace Restaurant and stole assorted liquor and cigarettes to the total value of $2,037.00 , the property of the Golden Restaurant .
   
4. I am satisfied that your plea was unequivocal and convict you for this offence.
   
5. The maximum penalty for Restaurant Breaking Entering and Larceny is 14 years imprisonment. In Tomasi Turuturuvesi v State [2002] HAA 86/02S 23 December 2002, her Ladyship Justice Shameem held that tariff for house breaking entering and larceny is between 18 months to 3 years imprisonment, the question of suspension being revered for young first offenders.
   
6. Aggravating factors are the disregard of the property rights of the other people, value of the stolen properties which was substantial at the time of the offence and joint offending .
   
7. In your mitigation you submitted that you are 27 years old and presently a serving prisoner. You also asked for a suspended sentence or to make a concurrent sentence with your present sentence. Also the prosecution informed some items were recovered. You have previous convictions and even though these would not be considered as an aggravating factor this would prevent you from getting any discount for your past behavior.
   
8. After considering the facts in this case I select 24 months as the starting point and add 10 months for aggravating factors to reach 34 months. For the limited mitigating grounds I would deduct 04 months to reach 30 months imprisonment .
   
9. You informed the Court that you were in remand for this case for a long time. This was disputed by the prosecution. The correct period is important as pursuant to section 24 of the Sentencing and Penalties Decree this has to be deducted as the final step in a sentence. From the court record as well as the prosecution's submission I note that you were in remand for this case for 03 months ( 18/10/2010-17/01/2011) and granted bail. And from 20/11/2013( when this Court canceled your bail) up to 20 /03/2015 you were in remand . This total period of 19 months is deducted to reach 11 months imprisonment .
   
10. You are already serving 07 months imprisonment which was given by this Court and therefore I do not find any grounds to suspend this sentence . Accordingly SEMISI RABAKOKO, you are sentenced to 11 months imprisonment for offence of Restaurant Breaking Entering and Larceny contrary to section 300(1) of the Penal Code to be served concurrently with any other prison sentences you are presently serving.
    
11. 28 days to appeal
    

H.S.P.Somaratne
Resident Magistrate, Suva