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State v Tani [2015] FJMC 6; Criminal Case 33.2015 (22 January 2015)

IN THE RESIDENT MAGISTRATES COURT OF FIJI
AT TAVEUNI
Criminal Case No: - 33/2015

STATE

V

JALE TANI

Inspector Vili for the Prosecution
The Accused in person
Date of Hearing: 22nd January 2015
Date of Sentence: 22nd January 2015

SENTENCE

1. JALE TANI , you were charged in this Court for one count of Burglary, contrary to section 312 of the Crimes Decree No 44 of 2009 and one count of Theft contrary to section 291 of the Crimes Decree No 44 of 2009.
   
2. You waived right to counsel and pleaded guilty to this charge today and also admitted the summary of facts presented by the prosecution.
   
3. According to the summary of facts on 11th December 2014 at Lesuma, Taveuni you broke and entered in to the house of the complainants and stole properties to the total value of $700.00.
   
4. I am satisfied that your plea was unequivocal and convict you for this charge.
   
5. The maximum penalty for Burglary is 13 years imprisonment.
   
6. The tariff for this offence is between 18 months to 3 years Tomasi Turuturuvesi v The State [2002] HAA 086 of 2002;
   
7. The maximum penalty for Theft is 10 years imprisonment.
   
8. In Jone Saukilagini [2005]FJHC 13 her Ladyship Justice Shameem held that "the tariff for simple larceny on a first conviction is from two to nine months. In cases of larceny of large amount of money sentence of 18 months to three years have been upheld by the High Court"
   
9. Apart from the elements in this offence I do not find any aggravating factors in this case
   
10. Mitigating factors are you are young offender and seek forgiveness from this Court.
    
11. You have number of previous convictions for similar offences and there I select higher end of the tariff for both offences. I select 30 months for the Burglary and 18 months for the Theft as starting points and deduct 02 months for mitigating factors to reach 28 months for Burglary and 16 months for the second count. For pleading guilty at the first available opportunity I deduct 1/3 to reach 18 months for the Burglary and 10 months for the Theft to be concurrent.
    
12. This court has the power to suspend a sentence which is below 02 years. From 2004 you have committed offences with mostly for similar offences. Therefore a deterrence sentence is warranted for the protection of the public.
    
13. Accordingly I sentence you to 18 months imprisonment for these offences with a non- parole period of 12 months.
    
14. 28 days to appeal
    

H.S.P.Somaratne
Resident Magistrate