IN THE MAGISTRATES’ COURT OF FIJI
AT   SUVA 
Criminal Case No: - 1906/2016  
         STATE
 V
SEFANAIA JITOKO
            For the Prosecution	: Cpl Shaw   
            For the Accused	   : Ms.B.Lata(LAC)    
            Date of Sentence           : 23rd of December 2016
SENTENCE
1.	SEFANAIA JITOKO , you were charged with   one count of Burglary, contrary to section   312(1)  of the Crimes Decree No 44 of 2009 and one count   of Theft ,contrary to section   291(1)  of the Crimes Decree No 44 of 2009. 
2.	You pleaded guilty for this charge and also admitted the summary of facts presented by the prosecution. 
3.	According to the facts between 14th and 15th of October 2016 you entered in to the house of the complainant as a trespasser and stole items to the total value of $752.00, the properties of the complainant. 
4.	I am satisfied that your plea was made voluntarily and unequivocal. Accordingly I 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.	The tariff was outlined in the case of Ratusili v State [2012] FJHC 1249; HAA011.2012 (1 August 2012) where his Lordship Justice Madigan said :
(i) for a first offence of simple theft the sentencing range should be between 2 and 9 months. 

(ii) any subsequent offence should attract a penalty of at least 9 months.
(iii) Theft of large sums of money and thefts in breach of trust, whether first offence or not can attract sentences of up to three years.
(iv) regard should be had to the nature of the relationship between offender and victim.
(v) planned thefts will attract greater sentences than opportunistic thefts. 
9.	In Laisiasa Koroivuki  v  the  State [2013] FJCA 15; AAU0018.2010 (5 March 2013) his Lordship Justice Goundar  discussed the guiding principles for determining the starting point in sentencing and observed : 
"In selecting a starting point, the court must have regard to an objective seriousness of the offence. No reference should be made to the mitigating and aggravating factors at this time. As a matter of good practice, the starting point should be picked from the lower or middle range of the tariff. After adjusting for the mitigating and aggravating factors, the final term should fall within the tariff. If the final term falls either below or higher than the tariff, then the sentencing court should provide reasons why the sentence is outside the range".
10.	Considering the objective seriousness and your culpability, I select 24 months as the starting point for the Burglary which would be the base sentence in this case.  
11.	You are related to the complainant from his wife’s side and by committing this offence breached the trust. This is the aggravating factor in this case and for that I add 06 months to reach 30 months imprisonment. 
12.	In mitigation  you counsel submitted the following : 
a.	Young offender(20 years old);
b.	First offender;
c.	Remorseful and promise not to re-offend;
d.	Most of the stolen items recovered. 
13.	For all these mitigating factors I deduct 04 months to reach 26 months imprisonment. 
14.	For pleading guilty at the first available opportunity I deduct 1/3 to reach 18 months imprisonment. 
15.	Considering all the circumstances, I sentence you to 06 months imprisonment for the count of Theft and as this was committed in one transaction order to be concurrent with the sentence for Burglary. 
16.	Now I have to consider whether to suspend your sentence. You are a young offender as well as first offender. You cooperated with the police by admitting these offences during your interview and also pleaded guilty at the first available opportunity. Most of the items are recovered. 
17.	Hence the main purpose of this sentence is to allow you a chance to rehabilitate (section 4(1) (d) of the Sentencing and Penalties Decree). 
18.	SEFANAIA JITOKO, I sentenced you to 18 months imprisonment for the Burglary contrary to section 312(1) of the Crimes Decree and 06 months imprisonment for the count of Theft contrary to section 291(1) of the Crimes Decree to be served concurrently and this sentence will be suspended for 03 years. 
19.	If you commit any offences during next 03 years you can be charged under section 28 of the Sentencing and Penalties Decree. 
20.	28 days to appeal.

Shageeth Somaratne
Resident Magistrate