State v Singh [2010] FJMC 116; Criminal Case 09 of 2010 (4 September 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 09/10

BETWEEN

THE STATE

AND

AMAR JEET SINGH

SENTENCE

1. You, Amar Jeet Singh are to be sentenced upon pleading guilty to the charge of shop breaking entering and larceny contrary to Section 300 of the Penal Code.
   
2. The maximum punishment for this offence is imprisonment for 14 years. In this case I pick my starting point as 18 months.
   
3. It was revealed that between 26th December 2009 and 28th December 2009 you with another broke in to Comsol Fiji Limited shop and stole assorted electrical appliances, laptops, DVDs, USB, extension electrical lead wire valued at 28 704.05 dollars. Only one laptop was recovered.
   
4. In this case I have observed the following aggravated circumstances;
   
   1. A substantial amount worth of items were stolen.
      
   2. You committed this offence in an organized manner with another.
      
   100. Only a laptop is recovered.
        
   4. You committed this offence whilst on bail in two other cases
      
   5. Prevalence of this kind of offences in the society.
      
5. For the aggravating circumstances I enhance the sentence by 12 months.
   
6. In mitigation you asked for forgiveness and said that you will not re offend. You promised that you will not come to court again. You are 19 years old.
   
7. You pleaded guilty in this case and two other cases saving the time of the court. You were imposed a non custodial sentence in one case and you were released after conviction in the other. You do not have previous convictions.
   
8. For the mitigatory circumstances I reduce your sentence by 6 months.
   
9. You are still at your young age and the court is mindful of the necessity to provide you with a chance to rehabilitate yourself. At the same time the court has a duty to impose an appropriate sentence on you to signify that the court and the community denounce this kind of actions.
   
10. Accordingly I impose two years imprisonment on you.
    
11. However having taken in to account the time you were in remand, your young age and the fact that you do not have previous convictions I decide to suspend part of the sentence, imposed on you, under Section 26(1) of the Sentencing and Penalties Decree. Thus I suspend 12 months out of the 2 years imprisonment for 3 years. You have to serve 12 months imprisonment in total.
    
12. You are eligible for parole after 6 months.
    

28 days to appeal

Rangajeeva Wimalasena
Resident Magistrate

Lautoka
04.09.2010