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State v Tania [2016] FJMC 15; Criminal Case 77.2016 (9 February 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

Criminal Case No: - 77/2016

STATE

V

ANARE TANIA

For the Prosecution: PC Josuha
For the Accused : Mr.K.Prasad (LAC)
Date of Sentence: 09th of February 2016

SENTENCE

1. ANARE TANIA, you were charged with one count of Theft contrary to section 291(1) of the Crimes Decree.
   
2. You pleaded guilty and also admitted the summary of facts. According to the facts you whilst working as an electrician for the complainant stole items from his house to the total value of $749.33.
   
3. I am satisfied that you pleaded guilty on your free will and convict you for this offence.
   
4. The maximum penalty for Theft is 10 years imprisonment.
   
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. Considering the gravity of offending I select 06 months as the starting point in your sentence.
   
7. You were working as an electrician in the house. The complainant trusted you and gave access to his home. But you breached the trust and for that I enhance your sentence by 04 months to reach 10 months imprisonment.
   
8. Mitigating factors are married with children, items recovered and past good behavior. For these I deduct 02 months to reach 08 month imprisonment.
   
9. For pleading guilty having get the proper legal advice I deduct 1/3 to reach 06 months imprisonment.
   
10. In a breach of trust offences when an accused pleaded guilty early and shows genuine remorse a court can consider non-custodial sentence. In this case as these factors are present for the purpose of reform I suspend your 06 months to 02 years.
    
11. If you commit any offences during next 02 years you can be charge under section 28 of the Sentencing and Penalties Decree.
    
12. 28 days to appeal
    

Shageeth Somaratne
Resident Magistrate, Suva