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State v Turu [2016] FJMC 86; Criminal Case 53.2016 (13 July 2016)

IN THE MAGISTRATES’ COURT OF FIJI

AT TAVEUNI

Criminal Case No: - 53/2016

STATE

V

JAMES TURU

For the Prosecution: Sgt.Naidu

The Accused: In person

Date of Sentence: 13^th of July 2016

SENTENCE

1. JAMES TURU, you were 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 10/06/2016 you entered in to the complainant’s supermarket and stole $1500.00 from the drawer.
3. I am satisfied about your plea and convict you for this offence.
4. 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. The facts show that this was an act of opportunity and therefore I select 05 months as the starting point.
7. The aggravating factor is the value of the amount which is quite substantial in this area and for that I add 03 months to reach 08 months imprisonment.
8. In your mitigation you gave said you are remorseful and seeking forgiveness. You are a young, first offender. You made full restitution. For these mitigating factors I deduct 02 months from your sentence to reach 06 months imprisonment.
9. When an accused pleaded guilty at the first available opportunity 1/3 deduction is given to concede saving of court time and resources. Following this principle, I also deduct 1/3 from your sentence to reach 04 months imprisonment.
10. Considering your young age, past good behavior, full restitution and early guilty plea I am prepared to give you a non-custodial sentence.
11. JAMES TURU, I sentence you to 04 months imprisonment for the offence of Theft contrary to section 291(1) of the Crimes Decree and suspend this for 03 years.
12. If you commit any offences during next 03 years you can be charge under section 28 of the Sentencing and Penalties Decree.
13. Also as deterrence I order you to pay a fine of $282.00 to the Court.
14. 28 days to appeal.
    

Shageeth Somaratne

Resident Magistrate