State v Pratap [2012] FJMC 210; Criminal Case 955.2011 (3 September 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI
AT SUVA

Criminal Case No: 955/11

STATE

V

RONALD VIKASH PRATAP

Prosecution: Cpl Reddy, Police Prosecutor.

Accused: Ms. Narayan S.

SENTENCE

1. You, Ronald Vikash Pratap is here today to be sentenced following the admission of 'guilt' on your own accord and free will in this Court on 17.08.2012, for committing the offence of 'Theft' contrary to Section 291(1) of the Crimes Decree No 44 of2009.
   
2. From the commencement of this proceeding you informed the Court that you are willing to accept the liability to the offence. However there was a disagreement between you and prosecution over the number of stolen items. Later this Court fixed a trial date in order to determine on the said issue. Then the prosecution filed the amended charge which you pleaded 'Guilty'.
   
3. Agreed facts disclosed that you have stolen 7 wooden Tanoas, 3 UHB 12 mm/ 33m Double sided tapes from Trade Plus Fiji Limited whilst being employed there. The total value of the stolen items was $ 1025. The offence was committed during the months of April and June 2011.
   
4. Later you were arrested and you admitted the offence in your caution interview.
   
5. The aforesaid Summary of Facts was admitted by you on your own free will.
   
6. You pleaded before this Court for a non-conviction. It is clear that a conviction would affect your future prospects.
   
7. 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2009 is similar to the offence of 'Larceny' under Sections 259 and 262 of the Penal Code Act, Chap 17, which is now repealed.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.

8. 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 the place where you were employed. At this point I note that the Court should act firmly in order to discourage persons who are similarly inclined to commit these types of offences in future.
   
9. Accordingly, this Court convicts you for the offence; and I select 10 months imprisonment as the starting point for your sentence.
   

AGGRAVATING FACTORS

10. Breach of trust which you expressed towards your employer is an aggravating ground of the offence.
    
11. In view of the above, I increase your sentence by another 02 months, and the period of imprisonment is now 12 months.
    

MITIGATING FACTORS

12. In mitigation, you stated to Court that you are 31 yrs old; first offender; planning to settle with your partner; co-operated with the police to recover the items; and promised not to reoffend.
    
13. 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.
    
14. 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 to reflect the same.
    
15. Therefore, your final term of imprisonment now stands at 06 months.
    
16. I am mindful of the fact that a sentence below two (02) years can be suspended in terms of Section 26(2)(b) of the Sentencing and Penalties Decree 2009,
    
17. Having considered the facts above, I am of the view that you should be given another opportunity to reform. Thus your final term of imprisonment is suspended.
    
18. Accordingly I sentence, you Ronald Vikash Pratap 06 months imprisonment and suspend it for two years.
    
19. 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.
    
20. Prosecution is ordered to release the stolen items to the lawful owner.
    
21. Twenty eight (28) days to appeal.
    

Pronounced in open Court,

Yohan Liyanage
Resident Magistrate

03rd September 2012