State v Marama [2012] FJMC 345; Criminal Case 305.2012 (12 December 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF NAVUA

Criminal Case No: - 305/2012

STATE

V

ASINATE MARAMA

For Prosecution : - Sgt. Lenaitasi
Accused : - In person

SENTENCE

1. ASINATE MARAMA, you were charged for the offence Theft contrary to sec 291 of the Crimes Decree No 44 of 2009.
   
2. You waived right to legal counsel and pleaded guilty for the charge on 10 Dec 2012. You also admitted the summary of facts.
   
3. According to the summary of facts at the time of the incident you were serving as a bar-tender of the Navua Club. Between 10th Oct and 11th Oct you stole cash of sum of $505.00 from that club.
   
4. This court is satisfied that your plea was made voluntarily and convicts you for the offence.
   

LAW AND TARIFF

5. The maximum penalty for Theft is 10 years imprisonment.
   
6. Tariff for simple larceny is 6 months to 12 months imprisonment. Kaloumaira v State (2008) FJHC 63. In Tikoitoga v State (2008, FJHC 44) 2008) it was held that the tariff for larceny is 18 months to 3 years.
   
7. After considering the summary of facts in this case I select 09 months imprisonment as starting point for this offence.
   

AGGRAVATING FACTORS

8. This is a clear breach of trust. You stole from the place where you worked and by doing so breached the trust placed by the owner on you. For that I increase your sentence by 06 months to reach 15 months imprisonment.
   

MITIGATING FACTORS

9. You are 29 years old. First offender. You also pleaded guilty without going for a trial. You saved public money as well as court resources by pleading guilty. You also seek court's forgiveness. For all these mitigating factors I will deduct 05 months from your sentence to reach 10 months imprisonment.
   
10. I am mindful of the fact that I can suspend a sentence which is below 02 years.
    
11. Usually these kinds of offences involving breach of trust warrants a custodial sentence. But I note that you are a first offender. You pleaded guilty early thereby saving court's resources. Also you informed that you have discussed with the owner of the club about paying this amount back. As set down in Sec 15(3) of the Sentencing and Penalties Decree the prison sentence should be the last method the court should impose. After considering all these factors I believe you should be given a chance to reform in the society.
    
12. Accordingly I sentence you to 10 months imprisonment for the offence of Theft and suspend that sentence for 02 years.
    
13. If you commit any offences during the next 02 years you can be prosecuted under Sec 28 of the Sentencing and Penalties Decree. Also you are ordered to pay $ 505.00 as compensation to the complainant.
    
14. 28 days to appeal.
    

12/12/2012

H.S.P.Somaratne
Resident Magistrate, Navua