BY ROMINAH FAKA
A man who had pled guilty to the charge of arson has been sentenced to eight months imprisonment by the magistrate court.
Court sentenced Thomas Pegoa to 14 months imprisonment with a direction that six months of the sentence be suspended for one year, on condition that the accused does not re-offend. Pegoa therefore is to serve only eight months in prison for arson. His sentence to commence on the date of his first remand.
The sentence was delivered on Tuesday this week by Principal Magistrate Dalcy Belapitu Oligari.
In delivering the sentence, Oligari highlight the sentencing remarks which the sentence imposed by the Court will reflect both specific and general deterrence. It must not be viewed in isolation, but rather in conjunction with the principal of rehabilitation.
Oligari added, this approach aims to enable the offender to learn from this case and serves as a turning point, providing the opportunity for rehabilitation and the chance to re-integrate as a better individual upon his eventual return from custody.
Court also highlights the aggravating factors which are; significant damage to the property-the complainant house was completely burnt to the ground. It is a loss which apparently takes time, expenses and labor to rebuild it. The complainant and his wife left in a devastated position of being displaced or homeless.
The significant financial loss for the complainant. The dwelling house values around $ 4000. The complainant stated in his victim impact statement that he lost money he had spent on building the house, and on some properties that were burnt in the house.
Pegoa was voluntarily intoxicated during the commission of the offence, the complainant is 65 years old and was a vulnerable member in society.
Court also highlights the mitigating factors, where Pegoa earlier guilty plea, demonstrate genuine remorse and his accepted the consequence of his wrongs, his plea also reserves much of the resources to pay for witnesses and other allowances should this matter proceeds to trial.
He is the first-time offender, no previous conviction. His 18 years of existence he never had a brush with the law until this case.
He cooperates with the police investigation and reconciliation. Pegoa’s wife paid compensation to reconcile with the complainant’s family. The compensation consists of $2000 cash and $5,300 worth of food items and other goods, amounting to a total of $7,300. And lastly, his personal circumstance.
Taking into account the guidelines and the aggravating factors set out in the matter, balancing with the sentencing tariff and Pegoa criminal culpability, court imposed a starting point of 2 ½ years’ imprisonment.
Court gives full credit to Pegoa earlier guilty plea by removing 12 months from 2 ½ and further deduct 4 months for his other mitigating factors and personal circumstance.
Court therefore sentence Pegoa to 14 months imprisonment, 6 months to be suspended and 8month to be serve in custody.
Pegoa was charged with one count of arson and pleaded guilty on August 16, 2024.
Pegoa is 18 years old and complainant is 65 years old and are related as father and son.
On July 2, 2024 between 1pm and 2pm Pegoa willfully and unlawfully set fire to the complainant house, which was constructed with bush materials.
Pegoa been drinking since July 1, 2024 and only had just returned home the morning of July 2.
He asked his mother to request the outstanding amount of $ 400 and a shell money owned to him by his brother-in-law, as part of the compensation for impregnating his younger sister.
Court heard Pegoa was angry with his mother after she failed to bring back the $400 and a shell money from his brother-in-law.
He then set the complainant house on fire by lighting coconut leaves with a match and placed the lit coconut leaves against the wall on the outside of the house.
The complainant house was completely burned to the ground.
Sabrina Habu prosecuting and Vincent Nomae act for Pegoa.
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