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State v Ropate [2016] FJMC 33; Criminal Case 12.2016 (16 March 2016)

IN THE MAGISTRATES' COURT OF FIJI
AT TAVEUNI

Criminal Case No: - 12/2016

STATE

V

SIMIONE ROPATE

For the Prosecution: WPC Lani

The Accused: In person
Date of Sentence: 16th of March 2016

SENTENCE

1. SIMIONE ROPATE , you were charged with one count of Damaging Property contrary to section 369(1) of the Crimes Decree.
   
2. You waived right to counsel and pleaded guilty this morning. Admitted summary of facts shows that on 30/01/2016 whilst being drunk you damaged a TFL public phone valued at $500.00.
   
3. I am satisfied that your plea was on your own free will and convict you for this offence.
   
4. Maximum sentence for Damaging Property is 02 years imprisonment. There is no set of tariff for the offense of Damaging Property (Tikomainiusiladi v State [2008] FJHC 18; HAA 134.2007 (15 February 2008).
   
5. Considering gravity of offending I select 05 months as the starting point.
   

Aggravating factors

6. You damaged a public property which is essential for people in this area. For this I add 04 months to reach 09 months imprisonment.
   

Mitigating factors

7. You submitted following as mitigating factors.
   
   1. 19 years old;
   2. Seeks forgiveness;
   3. First offender.
      
8. For the above mitigating factors I deduct 03 months to reach 06 months imprisonment.
   

Guilty Plea

9. In Naikelekevesi v The State Criminal Appeal No AAU 0061 of 2007 it was observed:
   

"...where there is a guilty plea , this should be discounted for separately from the mitigating factors in a case".

10. In UK sentencing guidelines of 2007 it has been held that when an accused pleaded guilty at the first available opportunity the reduction is 1/3 and after a trial date is set 1/4 recommended. But when an accused pleaded guilty at the door of the court or after the trial has started he maybe entitle for only 1/10 discount.
    
11. You pleaded guilty at the first available opportunity and for that I deduct 1/3 to reach 04 months imprisonment.
    
12. Considering your age and past good behavior I will suspend your 04 months imprisonment to 02 years.
    
13. If you commit any offences during next 02 years you can be charged under section 28 of the Sentencing and Penalties Decree.
    
14. Also you are order to pay $500.00 as compensation to the complainant.
    
15. 28 days to appeal
    

Shageeth Somaratne
Resident Magistrate