State v Chandra [2008] FJHC 104; HAC016.2006 (13 May 2008)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

Criminal Case No.: HAC 016 of 2006

BETWEEN:

THE STATE

AND:

SACHIN KANT CHANDRA

Counsel: Mr. N. Nand for the State
Mr. I. Khan for the Accused

Date of Hearing & Sentence: Tuesday 13th May, 2008

SENTENCE

[1] Sachin you stand convicted of larceny by servant after the assessors unanimously found you guilty following a trial. At the trial you did not dispute many facts, thereby saving State’s time and resources.

[2] The tariff for fraud offences is 18 months to 3 years imprisonment. Suspended sentence is reserved for cases where the offender has demonstrated genuine remorse by admitting the offence to the police or by pleading guilty at the first reasonable opportunity and where the offender had paid an early restitution.

[3] The facts are that on the 9th of January 2006 you were given $27,716.38 cash to be banked into your employer’s account at Bank of Baroda. You were employed by the Rajendra and Sahay Trust as the head cashier. You took $19,800.00 cash for your own use and replaced that sum with a cheque you got from a friend when you did the banking. The cheque was dishonored by the bank. Your employer was permanently deprived of $19,800.00 cash by your dishonesty.

[4] You are 29 years old. You are married with two young children aged between 1 month and 6 years. Your wife and children are financially depended on you. You also look after your elderly parents. You are a driver and earn $70.00 a month.

[5] This is your first offence. Otherwise you are a person of good character. However, you are convicted of stealing from your employer. It is the good character of a person that earns him an employment. The employer and employee relationship is built on trusts. Your employer Rajendra and Sahay Trust trusted you with the handling of their finances when they employed you as the head cashier. By stealing from your employer, you grossly betrayed the trust that was placed on you. By your own conduct, you have diminished any prospect of getting a decent job in future.

[6] You stole $19,800.00 cash in a day. By Fiji standard this sum is substantial. You have not offered any restitution.

[7] Accordingly I am of the view that only custodial sentence is warranted. After taking into account your age, family circumstances, cooperation with the court, breach of trust, the amount of fraud, and lack of restitution, I sentence you to two years imprisonment.

[8] Your sentence is 2 years imprisonment.

Daniel Goundar
JUDGE

At Lautoka
Tuesday 13th May, 2008

Solicitors:
Office of the Director of Public Prosecutions, Lautoka for the State
Iqbal Khan & Associates, Lautoka for the Accused