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

State v Narayan [2013] FJMC 293; Criminal Case 601.2012 (7 August 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT SUVA

Criminal Case No: - 601/2012

STATE

V

ANTHONY VISHAL NARAYAN

For Prosecution : - Cpl. Luke

Accused : - In person

SENTENCE

1. ANTHONY VISHAL NARAYAN, you were charged in this Court for four counts of Theft contrary to section 291(1) of the Crimes Decree No. 44 of 2009.
   
2. You waived right to counsel and pleaded guilty for all the counts on 07/08/2013. You also admitted the summary of facts.
   
3. Summary of facts showed that on four occasions at Nabua, Central Division you dishonestly appropriated $ 2458 from the complainant.
   
4. I am satisfied with your plea and convict you for all these counts.
   

The Law and the Tariff for Theft

5. Section 291 of the Crimes Decree sets down the maximum penalty for this offence as 10 years imprisonment.
   
6. 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"
   

Aggravating factors

7. Aggravating factor is you stole these monies from your work place thereby committing breach of trust.
   

Mitigating factors

8. You submitted following as mitigating factors.
   
   1. 21 years old
   2. First offender
   3. You paid back all the money to the complainant.
   4. Early guilty plea
      
9. For all the counts I select 8 months imprisonment each and add 04 months for aggravating factor to reach 12 months. Deduct 05 months for mitigating factors to reach 07 months imprisonment to run concurrent to each other.
   
10. This Court has the power to suspend a sentence which does not exceed a 02 years under section 26(2) (b) of the Sentencing and Penalties Decree.
    
11. You are a young first offender. You paid all the money back which showed remorseful on your part. Therefore you need to be given a chance to reform.
    
12. Accordingly I sentence you to 07 months imprisonment for these counts and that would be suspended for 02 years.
    
13. If you commit any offence punishable by prison sentence during the next 02 years you can be charged under section 28 of the Sentencing and Penalties Decree.
    
14. 28 days to appeal

07/08/2013

H. S. P. Somaratne
Resident Magistrate