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State v Tamadra [2013] FJMC 108; Criminal Case 171.2012 (13 March 2013)

IN THE MAGISTRATE COURT OF FIJI
AT RAKIRAKI
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 171/12

BETWEEN:

THE STATE

AND:

VILIAME TAMADRA

Prosecution: WPC Poonam
Accused: Ms Tarai (Legal Aid Office)

SENTENCE

1. Viliame Tamadra you pleaded guilty to theft contrary to section 291(1) of the Crimes Decree No. 44 of 2009.
   
2. You pleaded guilty voluntarily to the charge when it was read and explained. You also accepted the facts tendered by prosecution.
   
3. The Court is satisfied that your guilty plea is unequivocal and you are convicted as charged.
   
4. On 9/2/10 between 10am – 2pm, you Viliame stole an anchor from another boat belonging to the complainant (Kalisito Maisamoa, 49yrs, businessman) and buried it in the sand at the seashore, with the intention to permanently deprive the owner of the same.

Matter was reported to police you were arrested, cautioned interviewed and charged accordingly for the alleged offence. The stolen item was also recovered.

5. Your counsel Ms Tarai mitigated and I take the following in your favour:
   
   • Guilty plea.
   • First offender.
   • You've remorseful and sought forgiveness of the court.
   • Item has been recovered and you've not benefited from the offence.
     
6. The following features I would regard as aggravating:
   
   • Prevalence of offence in community.
     
7. Theft under the Crimes Decree carries a maximum imprisonment term of 10 years.

The guideline in case authorities suggest that tariff for theft ranges from 2-9 months for 1st convictions and between 9 – 24 months for 2nd convictions depending on the value of the goods and circumstances of the stealing. (see: State v Saukilagi [2005] FJHC 13; Ronald Vikash Singh v State HAA 035 of 2002).

8. It was also requested on you behalf that a community work order to be imposed and no conviction be entered. I've considered the circumstances of the case and find that there are no exceptional or special circumstances to not convict you. In the opinion of the court, a moral blame is attached to what you did as it was deliberate. Further the offending is not a technical breach of the law and the charge is a serious offence. Thus I enter a conviction against you.
   
9. In considering the circumstances of the offending in this case, I take a starting point of 9 months.
   
10. For the mitigation including your guilty plea I reduce your sentence to 3 months imprisonment. This being your first offence and other mitigating circumstances I further reduce your sentence to 2 months. Your sentence is now 4 months imprisonment.
    
11. For the aggravating factors I increase your sentence by 1 month. Your final sentence is now 5 months imprisonment.
    
12. To give effect to the principle of deterrence you are sentenced to 5 months imprisonment.
    
13. Your sentence of 5 months will be suspended for 2 years.
    
14. If you commit any offence within the operational period of 2 years, you'll be charged for breaching this suspension order and if convicted you'll be made to serve the 5 months imprisonment term with any punishment imposed in that other offence.
    
15. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

13th March 2013