Home | Databases | WorldLII | Search | Feedback Magistrates Court of Fiji

State v Waqa [2012] FJMC 358; Nadi Criminal Case 555.2013 (24 June 2012)

IN THE RESIDENT MAGISTRATES COURT
AT NADI WESTERN DIVISON

NADI CRIMINAL CASE NO. 555 OF 2013

BETWEEN :

STATE

AND:

SOLOMONI WAQA

Before : Mr. M. H. Mohamed Ajmeer, Resident Magistrate, Nadi
Date : Monday 24 June 2012

Appearances
For The State : WPC Francis with WPC Ana
For Accused : In Person

SENTENCING

1. Somoni Waqa, you have been found Guilty and convicted of one count of Theft contrary to Section 291 of the Crimes Decree 2009 upon your Guilty plea and admission to the summary of facts outlined by the Prosecution in respect of the offence.

2. You, between 03 June and 09 June 2013 at Waimalika, Sabeto stole dalo and dalo leaves valued at $5000-00, the property of Rizwan Khan.

3. On that day the Complainant and his labourers were working in another farm at Nasoso when you went to the Complainant's farm at Sabeto and stole the dalo and dalo leaves. Subsequent to a search conducted by police some of the dalo and dalo leaves were recovered at your house.

4. During caution interview you admitted stealing dalo and dalo leaves.

5. Premeditation, stealing poor farmer's source of income, less caused to the Complainant and total lack of respect of the property right of others and the law aggravated the offending.

6. Your mitigations were that early Guilty Plea and show of remorse.

7. As your personal circumstances, you told that you are 46 years of age, married with 5 children and labourer by profession. You seek forgiveness of the Complainant and willing to plant dalo for the Complaninant.

8. You admitted a previous conviction on damaging property recorded in 1989. I can safely disregard your previous conviction as spent.

9. Theft carries a maximum penalty of imprisonment for 10 years under Section 291 of Crimes Decree 2009.

10. The approved tariff for theft ranges between 18 months and 3 years imprisonment (Tikoitoga v. State [2008], FJ HC 44; HAM088.2077 (18 March 2008)).

11. Taking all into my account in your case I would pick 18 months imprisonment as my starting point. Add 9 months to reflect the aforesaid aggravated factors. Deduct 5 months for your mitigations. Deduct further 8 months to reflect your early Guilty plea, you plead Guilty to the charge on the very 1st day when the case was called. You cannot claim any discount for your previous good character because you had admitted one previous convictions. Your final sentence is 14 months imprisonment.

12. Pursuant to Section 4 – (1) of the Sentencing Penalty Decree, the only purposes for which sentencing may be imposed by a Court are –

(a). to punish offenders to an extent and in a manner be imposed by a court which is just in all the circumstances;

(b). to protect the community from offenders;

(c). to deter offenders or other persons from committing offences of the same or similar nature;

(d). to establish conditions so that rehabilitation of offenders may be promoted or facilitated;

(e). to signify that the court and the community denounce the commission of such offences; or

(f). any combination of these purposes.

13. Theft offences have been a common occurrence here. I do not find any special circumstances to suspend the sentence. I therefore decline to suspend the sentence.

14. You have twenty eight (28) days to appeal.

M.H. Mohamed Ajmeer
Resident Magistrate