State v Matanasiga [2013] FJMC 325; Criminal Case 121,122.2011 (28 August 2013)

IN THE MAGISTRATE COURT OF FIJI
AT RAKIRAKI
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 121/11 & 122/11

BETWEEN:

THE STATE

AND:

JOELI MATANASIGA

Prosecution: PC Dinesh
Accused: In Person

SENTENCE

1. Joeli Matanasiga you pleaded guilty to two offences of Theft contrary to section 291(1) of the Crimes Decree No. 44 of 2009 as charged.
   
2. You pleaded guilty on your own free will to the charges which were read and explained to you. You also accepted the facts read and tendered by prosecution.
   
3. The court being satisfied that your plea was unequivocal convicted you as charged.
   
4. The facts are on 7th June 2011 at 2pm at Navuniivi Village, Nakorotubu the complainant one Laisiasa Mocevakaca placed his solar lamp and his pair of desert boots in his porch and went to the village hall. You came and stole the said items and went away. Another villager namely Livai Tubea saw you with the stolen items coming from the direction of complainant's house.
   

Also on 7th June 2011 at about 3pm you stole a pair of boots belonging to the complainant one Peniasi Vunisuwai which he had placed on his door step.

Both matters were reported to police. Investigations were carried out and upon information received you were arrested and cautioned interviewed. You also admitted the offences to police and charged accordingly. Stolen items were recovered from you.

5. You mitigated and I take the following in your favour:
   
   • Your guilty plea.
   • You've remorseful and requested for forgiveness.
     
6. Aside the elements of the offences I don't see any aggravating factors.
   
7. Theft under the Crimes Decree carries a maximum imprisonment term of 10 years. The guideline in case authorities suggest that tariff for theft ranges from 2-9 months for 1st convictions and between 9 – 24 months for 2nd convictions depending on the value of the goods and circumstances of the stealing (see: State v Saukilagi [2005] FJHC 13; Ronald Vikash Singh v State HAA 035 of 2002).
   
8. In considering the circumstances of the offending in this case I take a starting point of 9 months.
   
9. There being no aggravating factors your sentence remains at 9 months.
   
10. For your mitigation I reduce your sentence by 1 month. For your guilty plea I further reduce your sentence by 2 months.
    
11. Your final sentence is therefore 6 months imprisonment for each separate offence.
    
12. However considering that the two offences were committed on the same day and the time of offending not being too far –fetched from each other, both sentences are to be served concurrently.
    
13. Therefore your total sentence is 6 months imprisonment.
    
14. Further considering the fact that these are your first offences for theft and you did not benefit from the offending as all items were recovered, it would not be wrong in principle to order that your sentence be suspended and that you be given an opportunity to reform yourself.
    
15. Your sentence will be suspended for 2 years. If you commit any offence within the operational period of 2 years, you'll be charged for breaching this suspension order and if convicted you'll be made to serve the 6 months or part of it with any other penalty imposed in that other offence.
    
16. I also order that stolen items be returned to lawful owners forthwith if they have not been returned.
    
17. 28 days to appeal.
    

_____________________________
Samuela Qica
Resident Magistrate

28th August 2013