State v Meleti [2012] FJMC 335; Criminal Case 222.2012 (6 December 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF NAVUA

Criminal Case No: -222/2012

STATE

V

IOWANE MELETI

For Prosecution : - Sgt.Lenaitasi

Accused : - In person

SENTENCE

1. IOWANE MELETI, you were charged for the offence of Theft contrary to sec 291 of the Crimes Decree no 44 of 2009.
   
2. You initially applied for the Legal aid but later changed your mind and informed that you want to plead guilty for the charge.
   
3. Therefore on 04 Dec 2012 you waived right to counsel and pleaded guilty for the charge.
   
4. According to the summary of facts you stole one sack of mats valued at $100 from the complainant.
   
5. The court is satisfied about your plea and convicts you for the offence.
   
6. Maximum penalty for this offence is 10 years imprisonment.
   
7. Tariff for simple larceny is 6 months to 12 months imprisonment. Manasa Lesuma v State 2004, FJHC 490). In Tikoitoga v State (2008, FJHC 44) tariff for larceny is 18 months to 3 years.
   
8. Considering the facts in this case I take 09 months as your starting point.
   

Aggravating factors

9. You sold the mat to the complainant and whilst she was talking to her friend stole that. This was an act of opportunity. For that I increased your sentence by 03 months to reach 12 months.
   

Mitigating factors

10. I consider following mitigating factors which were brought before me in your mitigation submission.
    
    1. 33 years of age,
       
    2. Married with 2 children
       
    3. Seeks forgiveness from the court
       
    4. Stolen property recovered
       
    5. Early guilty plea
       
11. Since you have not pleaded guilty in the first available instance you are not entitled for a reduction of 1/3 of the total period of imprisonment. (Akili Vilimone v State). But you pleaded guilty before going to a trial thereby saving the court's time. For that and other mitigating factors I deduct 05 months. Therefore your sentence stands for 07 months.
    
12. In pursuant to section 26 (2) (b) of the Sentencing and Penalties Decree I am mindful that a sentence which is below two years could be suspended by this court.
    
13. You are neither a first offender nor a young offender. The court note that you have got 07 previous convictions for same kind of offences. Therefore I do not see any reason to suspend your sentence.
    
14. Accordingly, I sentence you for 07 months imprisonment period for the offence of Theft contrary to section 291 of the Crime Decree No 44 of 2009 to be served concurrently with the sentence in C.F. 223/2012.
    
15. 28 days to appeal.
    

06/12/2012

H.S.P.Somaratne
Resident Magistrate, Navua