State v King [2012] FJMC 80; Criminal Case 350.2011 (17 April 2012)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 350/11

BETWEEN

THE STATE

AND

1. JOHN WALTER KING
2. RONALD RISCHAL RAJU
   

SENTENCE

1. You, John Walter King and Ronald Rischal Raju are to be sentenced upon pleading guilty to the charge of theft contrary to Section 291(1) of the Crimes Decree.
   
2. The maximum punishment for this offence is imprisonment for ten years.
   
3. On the 28th May 2011 both of you went to the Complainant's shop and were inquiring about the prices of mobile phones. You, John King took a phone worth of $ 250 and You, Ronald Raju took a phone worth of $ 250 to have a look. After a while both of you ran away with the phones. Later you were arrested by the Police and the two phones were recovered. Both of you admitted the offence.
   
4. In mitigation the Legal Aid Counsel said that both of you are studying in Form 5 and you want to pursue your education. He informed Court that you are remorseful of your actions and asked for a lenient sentence. Further it was informed that you have sought forgiveness from the Complainant.
   
5. After you pleaded guilty a social welfare report was called by the Court with suitable recommendations since you are juveniles. I have considered details in the social welfare report pertaining to your background and other recommendations.
   
6. Both of you are first offenders and pleaded guilty saving the time of the Court.
   
7. Both of you are very young and still schooling. Further you have no history of criminal activities. It appears that a conviction could cause an irreparable damage as far as your future is concerned. Having considered the nature of the offence and your personal circumstances I decide to release you without conviction pursuant to section 45 of the Sentencing and Penalties Decree.
   
8. Accordingly the proceedings are adjourned for two years and both of you are released without conviction upon an undertaking given by each of you to comply with the following conditions;
   
   1. You should appear before Court on notice.
   2. You should be of good behaviour for two years period
   3. You should report to the probation officer once a fortnight
   4. You should undergo counselling provided by the probation officer
   5. You should continue your secondary education at St Tomas High School.
      
9. For the Purposes of this order I appoint the Welfare Officer in Lautoka as the probation officer. The Probation officer shall submit a report to the Court's registry every three months during this two years period regarding the progress of the two accused.
   
10. After the expiration of the two years period if the Court is satisfied that you have complied with the conditions you will be discharged without further proceedings.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate
Lautoka

17.04.2012