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

State v Biu [2016] FJMC 126; Criminal Case 2077.2015 (30 August 2016)

IN THE MAGISTRATES’ COURT OF FIJI

AT SUVA

Criminal Case No: - 2077/2015

STATE

V

MERELITA BIU

For the Prosecution : WPC Kalara

For the Accused: Mr.Verabalavu(LAC)

Date of Sentence : 30^thof August 2016

SENTENCE

1. MERELITA BIU,youwere charged with one count of Theft, contrary to section 291(1) of the Crimes Decree.
2. You pleaded guilty and admitted the summary of facts presented by the Prosecution. According to facts whilst working as a house girl for the complainant on 30/11/2015 you stole 1xwhite &stripe bottle perfume and 1xnokia mobile phone to the total value of $649.00.
3. I am satisfied about your plea was voluntarily and unequivocal .Accordingly I convict you forthis offence.
4. Maximumpenalty for Theft is 10yearsimprisonment.
5. The tariff was outlined in the case of Ratusili v State [2012] FJHC 1249; HAA011.2012 (1 August 2012) where his Lordship Justice Madigan said :

(i) for a first offence of simple theft the sentencing range should be between 2 and 9 months.

(ii) any subsequent offence should attract a penalty of at least 9 months.

(iii) Theft of large sums of money and thefts in breach of trust, whether first offence or not can attract sentences of up to three years.

(iv) regard should be had to the nature of the relationship between offender and victim.

(v) planned thefts will attract greater sentences than opportunistic thefts.

6. You were working as a house girl and stole from the place where you are working. This is betrayal of trust placed on you by your employer .
7. Considering the gravity of offending and your culpability I select 18 months as the starting point.
8. The aggravating factor is breach of trust, but as I have considered this for starting point I am not going to enhance your sentence based on that.
9. In his written mitigation the counsel submitted that you are 45 years old, married with 5 children, single, first offender and all the stolen items recovered. For these mitigating factors I deduct 03 months to reach 15 months imprisonment.
10. Having got the proper legal advice you pleaded guilty at the earliest opportunity and for that I deduct 1/3 to reach 10 months imprisonment.
11. Considering the past good behavior, early guilty plea and value of the stole properties I find the main focus should be the rehabilitation of the accused.
12. MERELITA BIU, I sentence you to 10 months imprisonment for the offence of Theft contrary to section 291(1) of the Crimes Decree and suspend this for 02 years.
13. If you commit any offences during next 02 yearsyou can be charge under section 28 of the Sentencing and Penalties Decree.
14. 28 days to appeal.

ShageethSomaratne

Resident Magistrate