State v Batigai [2010] FJMC 100; Criminal Case 212 of 2009 (31 August 2010)

IN THE FIRST CLASS MAGISTRATES COURT
AT NAUSORI
FIJI ISLANDS

Criminal Case No: 212 of 2009

STATE

V

MOAPE BATIGAI

BEFORE: MR. C LAKSHMAN
Resident Magistrate

For Prosecutor: Inspector Amelia
Accused: Present

SENTENCE

The accused was charged with Larceny from Person, contrary to Section 271 of the Penal Code (Cap 17).

The particulars of the offence is as follows:

"Moape Batigai on the 22nd day of December 2007 at Nausori Town in the Central Division stole one hand bag valued at $15.00 and cash $100.00 all to the total value of $115.00 from the person of Ashnita Lata d/o Mahesh Prasad"

The accused was found guilty after a hearing.

The accused chose to give his own mitigation and did not want to wait for his counsel despite being given a chance to do so by the court.

In his mitigation the accused stated the following:

- married with 4 children.

- 3 children in school.

- renting in Davuilevu.

- small business – BBQ business in Nausori.

- sole bread winner.

- $100 to $200 per week income.

- seek forgiveness.

- have changed seek chance and will not re-offend.

The maximum penalty for offence you are charged with is fourteen (14) years imprisonment.

The tariff for the offence you are charged with is between 12 months to 18 months.

The court starts with a sentence of 18 months.

For the accused's mitigation and some recovery of the money the court gives him 3 months discount.

The aggravating factors are the accused taking advantage of a woman returning home from work at a public spot. Woman and girls in our country need to be protected from such persons who prey on them. For the aggravating factors the Court increases the sentence by 6 months.

The accused is not a first offender and his previous conviction, with which he agreed with, shows that this is not the first time he has committed larceny from a person. The Court notes that in 2003 he was sentenced to 18 months imprisonment. The accused is not learning and trying to change his ways.

The accused is sentenced to 21 months imprisonment.

28 days to appeal.

Chaitanya Lakshman
Resident Magistrate

NAUSORI
31/08/10