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

State v Qalobau [2012] FJMC 46; Criminal Case 78.2012 (22 March 2012)

IN THE RESIDENT MAGISTRATE'S COURT AT SUVA

Criminal Case No: 78/12

STATE

V

SETOKI QALOBAU

Prosecution : Cpl Temesi, Police Prosecutor.
Accused : Appeared in person.

SENTENCE

1. You, Setoki Qalobau is here today to be sentenced following the admission of 'guilt' on your own accord and free will in this Court on 20.03.2012, for committing the offence of 'Theft' contrary to Section 291(1) of the Crimes Decree No 44 of2009.
   
2. You elected to represent yourself.
   
3. According to the Summary of Facts tendered by the Prosecution, you worked as a security officer in Fiji Dairy Limited in Nabua where the theft took place. On 25.12.2011, around 03.30 am you were on duty with the main prosecution witness Kositino Alavesi. You have taken some 25 KG milk powder bags and placed it inside the waste bin.
   
4. Then you have asked Kositino to move inside and prepare some tea. Kositino had felt suspicious on your behaviour and observed you from a hidden place.
   
5. You had then taken the waste bin with the milk bags and placed it outside, beside the other waste bins of the factory. Further you covered it with empty cartons.
   
6. Kositino had reported this to HR management officer and the offence came in to light. The case was reported to Nabua police station and you were arrested by the police. You admitted the offence in your caution interview.
   
7. Five bags of milk powder were taken in to custody as productions. The total weight of the milk powder was 125 KGs and the value $ 1302.35
   
8. The aforesaid Summary of Facts was admitted by you on your own free will.
   
9. I have convicted you for the offence you were charged with.
   
10. 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2009 is similar to the offence of 'Larceny' under Sections 259 and 262 of the Penal Code Act, Chap 17, which is now repealed.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.

11. Accordingly, in this case, I select 12 months imprisonment as the starting point for your sentence.
    

AGGRAVATING FACTORS

12. You had worked as a security officer of the Dairy factory.
    
13. Your act of crime reflects that you have no regard and respect for the trust of your employer had on you.
14. In view of the above, I increase your sentence by another 06 months, and the period of imprisonment is now 18 months.
    

MITIGATING FACTORS

15. In mitigation, you stated to Court that you are 32 yrs old; first offender; married with 01 child; sole breadwinner; promised not to reoffend.
    
16. I observe that you have pleaded guilty before a full hearing of the case hence you are entitled for a reduction of 6 months of your term of imprisonment which now stands to 12 months. (Akili Vilimone v State, Cr. App. HAA 131/2007)
    
17. You are a first offender and you are entitled to the credit that is given to an offender with previous good character. I reduce another 2 months from your above sentence.
    
18. Therefore, your term of imprisonment now stands at 10 months.
    
19. 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,
    
20. Having considered the fact that you are a first offender, I am of the view that you should be given another opportunity to reform yourself.
    
21. In view of above findings, I have decided to suspend your sentence.
    
22. Accordingly I sentence, you Setoki Qalobau 10 months imprisonment and suspend it for three years.
    
23. If you commit any crime during the period of 3 years and if found guilty by Court, you are liable to be sent to prison to serve the above mentioned imprisonment period which is suspended by this Court.
    
24. Twenty eight (28) days to appeal.
    

Pronounced in open Court,

YOHAN LIYANAGE
Resident Magistrate
Suva.
22nd March 2012