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State v Taniela [2014] FJMC 86; Criminal Case 1418.2013 (20 May 2014)

IN THE REPUBLIC OF FIJI ISLANDS
IN THE MAGISTRATE'S COURT
AT SUVA
(Under Extended Jurisdiction Pursuant to Section 4 (2) of the Criminal Procedure Decree 2009)

Criminal Case No: 1418/13, EJ 78/13

State

v.

Peni Taniela

Prosecution: Ms Darshani Kumar – DPP's Office
Accused: Present

SENTENCE

Peni Taniela this is your sentence. The High Court has granted this Court extended Jurisdiction to try this case. You have pleaded guilty, on your own free will to the following charge (as amended):

First Count

Statement of offence (a)

Receiving Stolen Property: Contrary to Section 306 (1) of the Crimes Decree Number 44 of 2009.

Particulars of offence (b)

Peni Taniela between the 29th and 31st day of July 2013, at Suva in the Central Division, dishonestly received a stolen ASUS Laptop valued at $2000 the property of VIKASH NATH.

Peni Taniela you have admitted the statement of facts as read out by the prosecutor on your own free will. You have submitted a written mitigation.

Receiving

The maximum sentence for this offence is 10 years imprisonment.

Tariff for the offence of Receiving Stolen Property was discussed in Stste vs Qarasaumaki (2011) FJHC 283 (23 May 2011). As per this decision the tariff is between 1 to 3 years imprisonment.

This Court takes a starting point of 3 years (36 Months). For your guilty plea this Court gives 1 year discount (12 months) and further 3 months discount for your mitigation. Your sentence for Receiving Stolen Property is 21 months imprisonment. You are not a 1st offender, you get no discount for that. You would note that I have not added anything for the aggravating factors of the offence to increase it upwards.

Peni Taniela you have been in custody since 5th August 2013 when this case was first called in this Court before being transferred to High Court. You have spent over 8 months in custody. This Court will deduct 8 months from the 21 months sentence. This Court hopes that a strong message sinks in and you and others like you note that if you deal with stolen property you will be given custodial sentence. Having considered your guilty plea, mitigation and your current status this Court will sentence you to 13 months imprisonment.

Summary of the Sentence

Receiving Stolen Property – 13 months imprisonment.

Any party aggrieved with this sentence has 30 days (from today) to appeal this sentence in the Fiji Court of Appeal.

Chaitanya Lakshman
Resident Magistrate

20th May 2014