State v Wong [2013] FJMC 110; Criminal Case 113.2013 (14 March 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 113/2013

STATE

V

LEILANI ELIZABETH WONG

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

SENTENCE

1. LEILANI ELIZABETH WONG, you were charged in this Court for the offence of Theft contrary to section 291(1) of the Crimes Decree No .44 of 2009.
   
2. You waived right to counsel and pleaded guilty for the above offence on 14 March 2013. You also admitted the summary of facts.
   
3. Summary of facts showed that between the 25th day of February 2013 and 27th day of February 2013, at Pacific Harbor, Navua in the Central Division you stole [AUS] $220.00 from the complainant.
   
4. This Court is satisfied about your plea and convicts you for the above offence.
   

The Law and the Tariff for Theft

5. Section 291 of the Crimes Decree sets down the maximum penalty for this offence as 10 years imprisonment.
   
6. In Jone Saukilagini [2005]FJHC 13 Her Ladyship Justice Shameem held that "the tariff for simple larceny on a first conviction is from two to nine months. In cases of larceny of large amount of money sentence of 18 months to three years have been upheld by the High Court"
   
7. Considering the facts in this case I take 06 months imprisonment as your starting point.
   

Aggravating factors

8. Aggravating factor is breach of trust. For this I add 03 months to your sentence to reach 09 months.
   

Mitigating factors

9. You pleaded at the first available opportunity. For that I follow the case of Vilimone v State [2008] FJHC 12; HAA and reduce your sentence by a third to reach 06 months.
   
10. You also submitted following as mitigating factors.
    
    1. 28 years old
    2. Single
    3. First offender
    4. All the money has been recovered
       
11. For the above mitigating factors I reduce another 03 month. Now your final sentence would be 03 months imprisonment.
    
12. This Court has the power to suspend a sentence which does not exceed a 02 years under section 26(2) (b) of the Sentencing and Penalties Decree.
    
13. You are a first offender. You pleaded guilty at the first available opportunity. Therefore I believe you need to be given a chance to reform.
    
14. Accordingly I sentence you to 03 months imprisonment and suspend that for 01 year.
    
15. If you commit any offence punishable by prison sentence during the next 01 year you can be charged under sec 28 of the Sentencing and Penalties Decree.
    
16. 28 days to appeal
    

14 March 2013

H. S. P. Somaratne
Resident Magistrate, Navua