State v Tale [2013] FJMC 303; Criminal Case 1466.2013 (14 August 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT SUVA

Criminal Case No: - 1466/2013

STATE

V

MALANI TALE

For Prosecution : - Cpl. Reddy

Accused : - In person

SENTENCE

1. MALANI TALE, you were charged in this Court for three counts 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 these counts on 14/08/2013. You also admitted the summary of facts.
   
3. Summary of facts showed that on 09/08/2013 you stole an ATM Card from complainant and withdrew money from that on two occasions to the value of $60.00.
   
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 factor is you stole from the victim who was working with you in the same work place.
   

Mitigating factors

8. You submitted following as mitigating factors.
   
   1. Married with 06 children (one in high school and other in primary)
   2. Paid the money back
   3. First offender.
      
9. I select 08 months as my starting point for all the counts and add 04 months for aggravating factors to reach 12 months imprisonment. Deduct 02 months for mitigating factors to reach 10 months. For your early guilty plea deduct 1/3 to reach 06 months imprisonment.
   
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 have paid the money back. Also you pleaded guilty at the first available chance and saved Court's time and resources. The values of stolen properties are small. Therefore you will be given a chance.
    
12. Accordingly I sentence you to 06 months imprisonment for the three counts of Theft and suspend that for 02 years.
    
13. If you commit any offence punishable by prison sentence during the next 02 years you can be charged under section 28 of the Sentencing and Penalties Decree.
    
14. 28 days to appeal
    

14/08/2013

H. S. P. Somaratne
Resident Magistrate