State v Jimi [2011] FJHC 327; HAC019.2011 (12 May 2011)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

Criminal Case No: HAC 019 of 2011

BETWEEN:

STATE

AND:

MACIU JIMI

Counsel: Mr. T. Ravuniwa for the State
Accused in Person

Date of Hearing: 12 May 2011
Date of Sentence: 12 May 2011

SENTENCE

[1] The Accused stands convicted of theft and general dishonesty.

[2] The maximum penalty for theft is 10 years imprisonment. The maximum penalty for general dishonesty is 5 years imprisonment. These are new offences under the Crimes Decree for which there are no set tariff.

[3] The facts are that the Accused was employed as a musician by a Resort in Savusavu. On 26 January 2011, he stole three cheque leaves belonging to his employer and on 27 January 2011 he presented one cheque for encashment after forging the Manager's signature. The bank refused to cash the cheque after making enquiries.

[4] The Accused was arrested and charged. He pleaded guilty to the charge in the Magistrates' Court. He maintained his guilty pleas since his first appearance in the Court.

[5] The Accused is 34 years old. He is married with 4 young children. His wife, children and adoptive parents are depended on him. He comes from a disadvantaged background. His education level is Class 6. His parents could not afford further studies.

[6] The general tariff for fraud related offences is 18 months to 3 years imprisonment. Suspended sentence is reserved for an offender who has expressed genuine remorse or the amount defrauded is small.

[7] In this case there is no monetary loss to the victim. The Accused is genuinely remorseful. There is no element of sophistication involved. The offence could be classified as a crime of opportunity. The Accused was facing financial problems to pay off his loan at the bank and he was being paid a very low wages by the resort.

[8] The Accused is a man of previous good character. The only aggravating factor is the breach of trust.

[9] Taking all these factors into account, I sentence the Accused to 9 months imprisonment on each count suspended for 12 months. Both sentences are made concurrent.

[10] Suspended sentence explained to the Accused.

[11] The Accused indicated that he understood the sentence.

Daniel Goundar
Judge

At Labasa
Thursday 12 May 2011

Solicitors:

Office of the Director of Public Prosecutions for State
Accused in Person