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State v Tuivono - Sentence [2025] FJMC 66; Criminal Case 263 of 2025 (10 November 2025)

IN THE MAGISTRATES COURT AT SIGATOKA

CRIMINAL DIVISION

Criminal Case No. 263/2025

The State –v- Taniela Tuivono

For the State: PC Nakala

For the Accused: In person

SENTENCE

1. Taniela Tuivono you have pleaded guilty to one count of Setting Fire to Crops and Growing Plants contrary to section 364 of the Crimes Act 44 of 2009.
   
2. The facts are that at about 11am on 5^th August 2025 at Kabisi you set fire to the sugarcane farm number 5145 belonging to Parmil Deo, 57 years Farmer of Kabisi, Sigatoka. After setting the fire with a lighter you then saw the said owner and you ran away from the farm.
   
3. You were then arrested and interviewed under caution where you admitted to the offence. You were subsequently charged for this offence.
   
4. You entered a guilty plea and you have also admitted the summary of the facts as outlined to you therefore you now stand convicted as charged.
   
5. You have are a first offender and you have submitted the plea in mitigation as follows:-
   • - You are 30 years of age, married and as a farmer earn about $200 weekly.
   • - You have remorseful and seek forgiveness for your actions. You are not able to compensate the victim though.
   • - As tp the circumstances of the offending, you state that you burnt the sugarcane farm because it had too much rubbish in it.
     
6. The State seeks for the Court to consider the high cost of the burnt cane which came to about $15,000.
   
7. The maximum sentence for Setting Fire to Crops is 10 years imprisonment with there being no tariff set as of yet. The tariff for Arson which is a bit more serious in hierarchy than this offence of Setting Fire to Crops is between 2 years and 6 years (State –v- Nakato Criminal Case No. HAC 284 of 2012S). The current sentences imposed before Magistrates Courts range between suspended sentence (State v Lal [2025] FJMC 54; Criminal Case 284 of 2024) and imprisonment of 19 months (State v Colati [2018] FJMC 55; Criminal Case 289 of 2017).
   
8. The aggravating factor here is the value of the sugar cane crops which is valued at $15,000, a significant sum. The mitigating factors in your favor include your guilty plea and your obvious remorse.
   
9. In the circumstances, I hereby commence imprisonment at 12 months. I add 4 months for the aggravating factor, leaving you with a balance of 16 months imprisonment. I deduct a 5 months for your guilty plea, leaving you with a balance of 11 months imprisonment.
   
10. While I do consider that you are a first offender, I must consider the need to send a message of deterrence not only to you but more so, to the general public that such offences that jeopardies all the hard work and sacrifices in sugar cane farming will never be condoned. Therefore, I do not see any special reason to suspend this sentence.
    
11. Taniela Tuivono, this is your sentence: -
    1. For the offence of Setting Fire to Crops, you are sentenced to 11 months imprisonment.
    2. This term of 11 months imprisonment is ordered to be served immediately.
       
12. 28 days to appeal.
    

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J. Daurewa
Resident Magistrate

10^th November, 2025