State v Waqalevu [2013] FJMC 296; Criminal Case 1436.2013 (8 August 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT SUVA

Criminal Case No: - 1436/2013

STATE

V

JOSEFA WAQALEVU

For Prosecution : - Cpl. Williame

Accused : - In person

SENTENCE

1. JOSEFA WAQALEVU, you were charged in this Court for one count 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 this offence on 07/08/2013. You also admitted the summary of facts.
   
3. Summary of facts showed that on 06/08/2013 at MH Supermarket, Tamavua you dishonestly appropriated (stole) food and some other items to the total value of $240.46.
   
4. I am satisfied with your plea and convict you for this 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"
   

Aggravating factors

7. Aggravating factors are shop lifting and you have no regard to property right of others.
   

Mitigating factors

8. You submitted following as mitigating factors.
   
   1. Married with 02 children (one in high school and other in primary)
   2. Cooperated with the police.
   3. Stolen properties recovered.
   4. Sole bread winner.
      
9. I select 16 months as my starting point and add 06 months for aggravating factors to reach 22 months imprisonment. Deduct 04 months for mitigating factors to reach 18 months. For your early guilty plea deduct 1/3 to reach 12 months imprisonment. Since you are not a first offender no discount is given for your past behavior.
   
10. This Court has the power to suspend a sentence which does not exceed 02 years under section 26(2) (b) of the Sentencing and Penalties Decree.
    
11. You are not a first offender. You committed this offence whilst you were under a suspended sentence for a similar offence. Therefore I do not see any reason to fully suspend your sentence. But considering the value of the stolen properties, your cooperation with police, early guilty plea as well as your personal mitigation I will partly suspend your sentence.
    
12. Accordingly I sentence you to 12 months imprisonment for the offence of Theft. From these you will serve 06 months in prison and remaining 06 months will be suspended for 03 years.
    
13. If you commit any offence punishable by prison sentence during the next 03 years you can be charged under section 28 of the Sentencing and Penalties Decree.
    
14. 28 days to appeal
    

08/08/2013

H. S. P. Somaratne
Resident Magistrate