State v Vatunalaba [2010] FJHC 99; HAC134.2008S (31 March 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 134 of 2008

STATE

V

PAULIASI VATUNALABA

Hearing: 11th & 29th March 2010
Sentence: 31st March 2010

Counsel: Ms W. George for State
Mr. T. Terere for Accused

SENTENCE

[1] Pauliasi Vatunalaba, you stand convicted of larceny by servant. The facts are that you stole copper wires from your employer while being employed as a labourer. Although the charge alleged that the total value of the copper wires to be $11,200.00, there is no independent evidence to support that value. Of course, the copper wires were of some value and the evidence revealed that the wires were going to be used in the employer’s Nadi Office.

[2] You are 44 years old and married. You have a child and you are the sole bread winner for your family. You are a market vendor and earn about $70 - $80 per week by selling fruits and vegetables.

[3] Your previous convictions are irrelevant. I ignore your previous convictions and treat you as a person of previous good character. Your pastor supports your good character. Your counsel has said all that can be said on your behalf.

[4] The aggravating factor is that you breached the trust of your employer by stealing. However, this is not a serious case of breach of trust. You are convicted of one incident of theft.

[6] The mitigating factors are your family circumstances and previous good character.

[7] The tariff for theft offences arising from breach of trust range from 18 months to 3 years imprisonment. Suspended sentences are reserved for cases where the offenders have shown remorse or the value of the property is small.

[8] I do not hold against you your exercise of your right to trial. After conviction, you expressed remorse and seek a chance to reform.

[9] After taking these matters into account, I sentence you to 12 months imprisonment. I have considered suspending the sentence and have decided in the event to do so. Your sentence is suspended for two years. [Suspended sentence explained to the offender].

Daniel Goundar
JUDGE

At Suva
31st March 2010

Solicitors:
Office of the DPP for State
Office of the Legal Aid Commission for Accused