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State v Tatautaco [2013] FJMC 235; HAC197.2012 (10 June 2013)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI
AT NAVUA
Criminal Case No HAC : - 197 /2012

STATE

V

JIMILAI TATAUTACO

For Prosecution : - Mr. Prakash from the ODPP
Accused : - In person

SENTENCE

1. JIMILAI TATAUTACO , you were initially charged for the offence of Burglary, contrary to sec 312 of the Crimes Decree No 44 of 2009 as first count and for the offence of Theft contrary to sec 291 of the Crimes Decree No 44 of 2009 as second count.
   
2. When the plea was first taken you elected High Court for this case. Accordingly this was transferred to the High Court and the High Court gave the extended jurisdiction to hear this case on 08 June 2012.
   
3. Therefore when this was taken in this Court you pleaded not guilty for both counts. This was fixed for hearing and the State also amended the charge deleting first count.
   
4. On the hearing date you informed that you wanted to change your plea. You waived right to counsel and pleaded guilty to the offence of Theft.
   
5. According to the summary of facts between 09 May 2012 and 10 May 2012 , at Wainiveidio, Navua you stole a chain saw valued at $500.00, the property of Sheik Mohomad.
   
6. This court is satisfied that your plea was made voluntarily and convicts you for the offence of Theft.
   

LAW AND TARIFF

7. The maximum penalty for Theft is 10 years imprisonment.
   
8. In Jone Saukilagini [2005]FJHC 13 Her Ladyship Justice Shameem held that "the tariff for simple larceny on a first conviction is from two to nine months. In cases of larceny of large amount of money sentence of 18 months to three years have been upheld by the High Court"
   
9. After considering the summary of facts in this case I select 09 months imprisonment as the starting point for this offence.
   

AGGRAVATING FACTORS

10. There are no aggravating factors and your sentence would remain at 09 months.
    

MITIGATING FACTORS

11. Mitigating factors are seeking forgiveness, the stolen property recovered.
    
12. You also pleaded guilty without going for a trial. You saved public money as well as court resources by pleading guilty. This will be considered as a mitigating factor too.
    
13. For all these mitigating factors I will deduct 03 months to reach 06 months imprisonment.
    
14. Since you are not a first offender you are not entitled for any discount for your past behavior.
    
15. This court has the power to suspend a sentence which is below 02 years. You are not a first offender. Also I do not find any good reasons to suspend your sentence.
    
16. Accordingly I sentence you to 06 months imprisonment for the offence of Theft to be served concurrently with your present sentence.
    
17. Since this court is exercising the extended jurisdiction of the High Court in your case, you both may appeal against this sentence within 30 days with leave to the Court of Appeal.
    

10 June 2013

H.S.P.Somaratne
Resident Magistrate, Navua