State v Chand [2010] FJMC 71; Criminal Case 411 of 2008 (19 July 2010)

IN THE MAGISTRATE'S COURT IN LAUTOKA

Criminal case No 411/08

BETWEEN

THE STATE

AND

RAKESH CHAND

SENTENCE

1. You, Rakesh Chand are to be sentenced upon pleading guilty in Criminal Case No 411/08 for one count of Larceny of cattle contrary to Section 275 of the Penal Code and in Criminal case No 258/10 for one count of Breach of bail contrary to section 25(1) read with section 26 of the Bail Act.
   
2. The maximum sentence for Larceny of cattle is 14 years imprisonment. The maximum sentence for breach of bail is a fine of $2000 and 12 months imprisonment.
   
3. In this case I pick my starting point for Larceny of cattle as 18 months and for breach of bail as 3 months imprisonment.
   
4. It was revealed in Criminal case No 411/08 that you have stolen the complainant's bullock valued 1000 dollars on the 17th April 2008. You stole the bullock and slaughtered it and later you sold the meat around Lautoka City areas. You have admitted the offence in the caution interview and you have spent the money on medicine and groceries. You stole the bullock when it was tethered 100 meters away from the complainant's house. It appears that you have not only stolen the animal but you slaughtered it and sold the meat too.
   
5. The police filed Criminal case No 258/10 for breach of bail when you did not appear in case No 411/08 on the 12th February 2010. It appears that it was not the only time you failed to appear in court after you were released on bail.
   
6. For the aggravating circumstances I enhance the sentence for larceny by 6 months and for breach of bail by 3 months.
   
7. In mitigation you said that you are 40 years and a sickly person and you suffer from diabetes and gastritis. You said you have only four fingers in one of your hands. Apart from that you did not say anything.
   
8. You have two previous convictions. However you have been in remand since the 11th May 2010. For the mitigatory circumstances I reduce the sentence for Larceny of Cattle by 12 months and for breach of bail by 4 months.
   
9. It does not appear you are remorseful of your brutal actions. The court has to impose appropriate actions to show that the court and the society denounce actions of this nature. Further the court has to consider the deterrent effect of the sentence too. It has to be noted that breach of bail too is a serious offence and the state has to unnecessarily spend resources when accused persons do not appear in court. Therefore the court has to impose sentences deterrent enough to send a message to those who are minded to indulge in similar violations of bail conditions.
   
10. Thus I impose the sentences in the following manner;
    
    1. Criminal case no 411/08 – one year imprisonment.
       
    2. Criminal case no 258/10 – two months imprisonment and 200 dollars fine and in default 20 days imprisonment.
       
11. However considering your age, your medical conditions and the time you were in remand I decide to suspend the sentences for 3 years.
    
12. Further I order you to pay 1000 dollars to the complainant as restitution before the 31st October 2010 under Section 49(1)(c ) of the Sentencing and Penalties Decree.
    

28 days for the fine / to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka
19.07.2010