State v Nand [2012] FJMC 191; Criminal Case 924.2012 (14 August 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI ISLANDS
AT SUVA

Criminal Case No: 924/12

STATE

V

PRANISH PRITESH NAND

Prosecution: WPC Elina, Police Prosecutor.

Accused: Mr. Tawake (LAC)

SENTENCE

1. You, Pranish Pritesh Nand is here today to be sentenced following the admission of 'guilt' on your own accord and free will in this Court on 10.08.2012, for committing the offence of 'Theft' contrary to Section 291(1) of the Crimes Decree No 44 of2009.
   
2. You were represented by Mr Tawake of the Legal Aid Commission.
   
3. According to the Summary of Facts tendered by the Prosecution, you worked as an apprentice of Public Works Department. On 29.06.2012 you were spotted by a senior technical officer of PWD. He has seen you carrying a bag in a suspicious manner at around 10.00 am. You were searched and found a compressor which belonged to the PWD. Value of that compressor is $ 600. Later you have admitted that you stole it from the PWD.
   
4. The aforesaid Summary of Facts was admitted by you on your own free will.
   
5. You pleaded before this Court for a non-conviction. It is clear that a conviction would affect your career.
   
6. The offence of 'Theft' under the Crimes Decree 2009 is similar to the offence of 'Larceny' under Sections 259 and 262 of the Penal Code Act, Chap 17, which is now repealed.
   
   • (i) According to Section 291 of the Crimes Decree 2009, the offence of 'Theft' attracts a Maximum Sentence of 10 years imprisonment.
     

(ii) The Tariff for the afore-stated offence 'Larceny' is between six (06) months to twelve months (12) imprisonment. (Kaloumaira v State, 2008 FJHC 63; Manasa Lesuma v State, 2004, FJHC 490)

(iii) In the case of Tikoitoga v State [2008] FJHC 44; HAM088.2007 (18 March 2008) the tariff was held to be 18 months to 3 years.

(iv) The tariff for 'simple larceny', with a previous conviction of a felony, was held to be over 9 months. (per Shameem J in Vaniqi v State [2008] FJHC 348; HAA080.2008 (12 December 2008)

(v) It was held in the case of State v Chaudary [2008] FJHC 22; HAC 69.2007, 70.2007 & 71.2007 (19 February 2008) that the tariff is be at least one year of imprisonment for a first offender of Larceny.

7. Guideline judgements confirm that 'Theft' is a serious charge depending on the circumstances. It will further aggravate in this case as you have stolen from a government department. At least by now you may have realised that these items such as compressors and other machinery used to accommodate needs of the public. Stealing things of such nature would deteriorate the efficiency of those public departments to serve the nation. At this point I also note that the Court should act firmly in order to discourage persons who are similarly incline to commit these type of offences in future.
   
8. Accordingly, this Court convicts you in this case; and I select 10 months imprisonment as the starting point for your sentence.
   

AGGRAVATING FACTORS

9. You had worked as an apprentice of the place where you stole. Breach of trust is an aggravating ground of the offence.
   
10. In view of the above, I increase your sentence by another 02 months, and the period of imprisonment is now 12 months.
    

MITIGATING FACTORS

11. In mitigation, you stated to Court that you are 26 yrs old; first offender; getting married in two days time; and promised not to reoffend. Further to that I note that the stolen item of the case is also recovered now.
    
12. I observe that you have pleaded guilty before a full hearing of the case hence you are entitled for a reduction of 4 months of your term of imprisonment which now stands to 08 months. (Akili Vilimone v State, Cr. App. HAA 131/2007)
    
13. You are a first offender and you are entitled to the credit that is given to an offender with previous good character. I reduce another 2 months from your above sentence.
    
14. Therefore, your final term of imprisonment now stands at 06 months.
    
15. I am mindful of the fact that a sentence below two (02) years could be suspended in terms of Section 26(2)(b) of the Sentencing and Penalties Decree 2009,
    
16. Having considered the facts in paragraph 11, I am of the view that you should be given another opportunity to reform. Thus your final imprisonment term is suspended.
    
17. Accordingly I sentence, you Pranish Pritesh Nand 06 months imprisonment and suspend it for two years.
    
18. If you commit any crime during the period of 2 years and if found guilty by Court, you are liable to be sent to prison to serve the above mentioned imprisonment period which is suspended by this Court.
    
19. Prosecution is ordered to release the stolen item to the Public Works Department Walu Bay office.
    
20. Twenty eight (28) days to appeal.
    

Pronounced in open Court,

Yohan Liyanage
Resident Magistrate
14th August 2012