State v Bureicia [2006] FJMC 15; Criminal Case No 580 of 2006 (3 August 2006)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Criminal Case No. 580 of 2006

STATE

V

NANISE BUREICIA

SENTENCE

You have pleaded guilty to 5 counts of Larceny by servant.

A total of $15,805 has been stolen from Customers accounts systematically over a period of time.

I give you discount for an early guilty plea. Also you are a first offender. I take account of your young family, your remorsefulness.

On your request I adjourned the sentence to allow you to repay the sum from help of family members.

However, no money has been repaid. So there has been no recovery.

On the other hand you breached the employers trust. Signatures of customers were forged to withdraw from their accounts. It was not a single offence but continued over a period of time showing your planned executions of a systematic theft from your employer.

The legislature treats this offence very seriously as a felony liable to 14 years imprisonment. Your learned counsel has urged court for a suspended sentence.

I consider a sentence of 18 months to be appropriate.

You are sentenced to 18 months on each count. All to be concurrent making it a total of 18 months imprisonment.

Should it be suspended?

It is your first offence and you have pleaded. I also note your family circumstances. However, there has been a substantial breach of employers trust. The offending also has been for a period of time showing lack of guilt or consideration on your part.

I do not consider anything special in the mitigating factors to suspend the custodial sentence.

You are therefore to serve the sentence of immediate effect.

28 days to appeal.

Dated this 3rd day of August 2006.

Ajmal Gulab Khan
RESIDENT MAGISTRATE