State v Radaubale [2013] FJMC 9; Criminal Case 26.2013 (6 January 2013)

IN THE RESIDENT MAGISTRATE'S COURT OF NAVUA

Criminal Case No: - 26/2013

STATE

V

MARIKA RADAUBALE

For Prosecution : - Sgt . Lenaitasi

Accused : - In person

SENTENCE

1. MARIKA RADAUBALE, you were charged in this Court for the offence of Theft contrary to section 291 of the crimes Decree.
   
2. You waived right to counsel and pleaded guilty to the charge on 16/01/2013. You also admitted the summary of facts.
   
3. According to the summary of facts on 22/09/2012 you stole 02 plastic bags of Chops and 02 plastic bags of sausages to the total value of $90.60, the properties of Susana Vakalala.
   
4. This Court is satisfied about your plea and convicts you for the above offence.
   

The Law and the Tariff for Theft

5. The sec 291 of the Crimes Decree set down the maximum penalty for this offence as 10 years imprisonment.
   
6. In Waisale Vakarauvanua v State (2004) FJHC 116 it was held that the tariff for theft would be 2-9 months.
   
7. Considering the facts in this case I take 08 months as your starting point.
   

Aggravating factors

8. There are no aggravating factors in this case. Therefore your sentence would stand at 08 months.
   

Mitigating factors

9. In your mitigation you said the following points
   
   1. 28 years old
      
   2. Married with children
      
   3. Seeks forgiveness
      
   4. Remorseful
      
   5. First offender
      
10. For pleading guilty at the first available opportunity I follow the decision of Akili Vilimone v State and reduce your sentence by 1/3. Now your sentence would be 06 months.
    
11. For the above mentioned mitigating factors I reduce another 02 month. Now your final sentence would be 04 months.
    
12. Section 26 (2) (b) of the Sentencing and Penalties Decree gives the power to suspend a sentence which is below two years.
    
13. Considering that you are a first offender and the value of the stolen properties I believe you need to be given a chance to reform.
    
14. Accordingly I sentence you to 04 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. Also you are ordered to pay $90 as compensation to the complainant for the stolen properties.
    
17. 28 days to appeal
    

16/01/2013

H.S.P.Somaratne
Resident Magistrate, Navua