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State v Pranjivan [2012] FJMC 344; Criminal Case1292.2012 State v Pranjivan (12 December 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI
AT SUVA

Criminal Case No: 1292/12

STATE

V

RUPETI PRANJIVAN

Prosecution : WPC Elina, Police Prosecutor.

Accused : Ms Kean. (LAC)

SENTENCE

1. You, Rupeti Pranjivan is here today to be sentenced following the admission of 'guilt' on your own accord and free will in this Court on 19.11.2012, for committing the offences of 'Theft' and 'Giving False Information to a Public Servant' contrary to Section 291(1) and 201 (a) of the Crimes Decree No 44 of2009.
   
2. According to the Summary of Facts tendered by the Prosecution, these offences were committed on 24.09.2012.
   
3. The complainant of this case has been a 45 year old business woman who lived in Kikau Street, Samabula. On the day of the incident she has found that her mobile phone, a charger and 100 Yuan had gone missing from her residence. She has asked this from the neighbour and you being the neighbour of her informed that her nephew came during the day in her absence.
   
4. She reported the matter to the police and the investigations conducted. It appears that you provided the same information to the detective constable 3649 Nitesh Chand of Samabula police station. Later complainant's nephew was brought in for questioning and found that he never went to her place. This led in to a strong suspicion against you and further investigations were carried out.
   
5. During the later questioning you admitted the stealing and providing information to mislead investigations. Then you were arrested and interviewed under caution. You have made formal admissions to the charges during the interview.
   
6. The aforesaid Summary of Facts was admitted by you on your own free will. The Court convicts you for the respective offences of the charge sheet.
   
7. The offence of 'Theft' under the Crimes Decree 2009 is similar to the offence of 'Larceny' under Sections 259 and 262 of the Penal Code Act, Chap 17, which is now repealed.
   

(i) According to Section 291 of the Crimes Decree 2009, the offence of 'Theft' attracts a Maximum Sentence of 10 years imprisonment.

(ii) The Tariff for the afore-stated offence 'Larceny' is between six (06) months to twelve months (12) imprisonment. (Kaloumaira v State, 2008 FJHC 63; Manasa Lesuma v State, 2004, FJHC 490)

(iii) In the case of Tikoitoga v State [2008] FJHC 44; HAM088.2007 (18 March 2008) the tariff was held to be 18 months to 3 years.

(iv) The tariff for 'simple larceny', with a previous conviction of a felony, was held to be over 9 months. (per Shameem J in Vaniqi v State [2008] FJHC 348; HAA080.2008 (12 December 2008)

(v) It was held in the case of State v Chaudary [2008] FJHC 22; HAC 69.2007, 70.2007 & 71.2007 (19 February 2008) that the tariff is be at least one year of imprisonment for a first offender of Larceny.

8. There is no set tariff for the offence of 'Giving False Information to a Public Servant'. The maximum sentence for the offence is 5 years imprisonment. However in the case of Fazir v State [2008] FJHC 319 the High Court reduced a sentence of 5 months in to 3 months on a similar offence under the Penal Code Cap 17.
   
9. Having considered the circumstances of offending, I select 12 months [count 01] and 6 months imprisonment [count 02] as the starting points for your sentence.
   
10. There are no aggravating circumstances of offending. Hence the sentence remains at the starting point.
    

MITIGATING FACTORS

11. In written mitigation, you have stated to Court that you are 26 yrs old; single; first offender; unemployed & living with parents; promised not to reoffend. Further Court notes that the stolen item was recovered by the police.
    
12. I observe that you have pleaded guilty before a full hearing of the case hence you are entitled for a 1/3 reduction of your term of imprisonment. (Akili Vilimone v State, Cr. App. HAA 131/2007). Your sentence stands at 8 months and 4 months now.
    
13. As you are a first offender, you are entitled to the credit that is given to an offender with previous good character. I reduce further two months from count 1 and one month from count two.
    
14. Therefore, your final term of imprisonment now stands at 6 months and 3 months. The sentence to run consecutively.
    
15. I am mindful of the fact that a sentence below two (02) years could be suspended in terms of Section 26(2)(b) of the Sentencing and Penalties Decree 2009,
    
16. You are a young first offender. I draw my attention to the possible adverse repercussions on a first young offender who is imprisoned with hardcore criminals. I am of the view that a custodial sentence in an adult prison center would not meet both purposes of rehabilitation and the deterrence.
    
17. Hence I decide that you should be given another opportunity to reform yourself. In view of above findings, I suspend your sentence.
    
18. Accordingly Rupeti Pranjivan for count 01 today you are sentenced 6months imprisonment and suspend it for 12 months.
    

For the second count - 3 months imprisonment and suspended for 12 months.

19. If you commit any offence during the suspended period and if found guilty by the Court you are liable to be sent to prison to serve the above mentioned imprisonment periods which are suspended by this court.
    
20. Recovered items may be released to the lawful owner.
    
21. Twenty eight (28) days to appeal.
    

Pronounced in open Court

Yohan Liyanage
Resident Magistrate

12th December 2012