State v Sukanaisoro [2012] FJMC 66; Criminal Case 274.2011 (25 April 2012)

IN THE MAGISTRATE'S COURT AT TAVEUNI

Criminal Case No: 274 of 2011

STATE

V

EREMASI SUKANAISORO

Detective Constable Mr. Farman appeared for the prosecution.
The accused appeared in person.

SENTENCE

1. You, Eremasi Sukanaisoro, are here, to be sentenced on admission of guilt on your own accord for the following offence namely:

Theft: Contrary to the section 291(1) of the Crimes Decree No.44 of 2009

This case is for first call and you were ready to take your plea. Your rights were explained and you chose to defend yourselves. Then your charge was read over and explained to you. You said you understood it. You pleaded guilty to the charge. I am satisfied that your plea is unequivocal and that you understand the repercussion of your plea. I convict you as charged.

2. According to the facts, (which you have admitted), on 04th November 2011, you stole Dalo valued at $60 the property of Rajesh Chandra.

3. Maximum penalty could be imposed for Theft is 10 years.

4. In Tomasi Turuturuvesi v State[2002] HAA 86/02S 23 December 2002, Shameem J held that tariff for house breaking entering and larceny is between 18 months to 3 years imprisonment, the question of suspension being revered for young first offender. In William Prasad V State [2010] AAM 1/10 Ruling 12 February 2010 Byrne AP held that the tariff for simple larceny on first conviction is 2-9 months; on a second conviction, sentence in excess of 9 months and in cases of a large amount of money, 1 ½ years to 3 years. It was further held that "No error here in 1 year sentence for stealing van's stereo and amplifier worth $ 1799, later recovered from a pawn shop".
5. There are no aggravating factors in this case.

6. You have no previous convictions.

7. Considering value of property and your age I select an alternative sentence. Therefore I do not set any starting point.

8. In mitigation, you said that you are 19 years old, single. You asked court's leniency and forgiveness. You are farmer and will not reoffend. Since this is a first offence you asked non custodial sentence.

9. I have carefully considered summary of facts and your mitigation. You saved lots of court's resources. You are a young first offender. I am very much mindful of sentencing young, first offenders. I think you should be given another chance. I therefore proceed to adjourn the proceedings of this case for next 02 years in accordance with the guidelines set out in sec. 45(2) of the Sentencing and Penalty Decree 2009. You are bound over for sum of $ 500 for next 02 years to maintain good behaviour and peace. You are severely warned not to re offend.
10. You are further warned that if you commit any offence during this three years period you are liable to pay the above-mentioned bonded sum to the court. You are hereby released, upon your undertaking to maintain good behaviour and peace for two years subjected to following further conditions.

11. At the expiry of two years, you are ordered to furnish an "all clearance report" to the court from the Taveuni police station to prove that you were in good behaviour and peace for last two years. At the time of expiry of two years, that report should be produced to the Court Officer at Taveuni Magistrate Court to file of record and proceedings will be terminated accordingly. If not bench warrant will be issued to arrest you, therefore you must file this report.

12. 28 days to appeal.

Delivered on 25th April 2012 at Taveuni, Fiji Islands

Sumudu Premachandra
Resident Magistrate- Taveuni