State v Chetty [2014] FJMC 23; Criminal Case 253.2013 (19 February 2014)

IN THE MAGISTRATE COURT OF FIJI
AT RAKIRAKI
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 253/13

BETWEEN:

THE STATE

AND:

SAROJINI CHETTY

Prosecution: PC Dinesh
Accused: Ms Singh (Legal Aid Office)

SENTENCE

1. Sarojini Chetty you were charged for the offence of theft contrary to section 291(1) of the Crimes Decree No. 44 of 2009.
   
2. The charge was read and explained whereby you voluntarily pleaded guilty to the same. You also accepted the facts read and tendered by prosecution.
   
3. The Court being satisfied of your guilty plea as being unequivocal convicted you as charged.
   
4. The facts are on 20/7/13 at11.50am at Rakiraki town whilst being employed as a cashier with New World Supermarket you willingly allowed two other customers whom you know to take $85.13 worth of groceries from the supermarket without paying for the said items. The computer you were using was being monitored and the theft was discovered. All the items were seized from the two other suspects and upon further investigations it was revealed that $85.13 worth of items not paid for.

The matter was reported to police and you were arrested, caution interviewed and charged for the alleged offence.

5. Mitigation submissions filed by your counsel have been considered. I consider the following mitigation in your favor:
   
   • First offender.
   • Guilty plea.
   • Sought forgiveness of the court and remorseful.
   • Recovery of stolen items and restitution.
     
6. The following features I would regard as aggravating:
   
   • Breach of trust.
   • You planned with the other suspect for him to come and do his shopping whilst you were at the cash register relieving other cashiers.
     
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. Briefly I've considered submissions from your counsel that no conviction be entered. In your case I don't think it would be appropriate to not enter a conviction. The nature of offending is serious, your actions were deliberate (morally blameworthy) and it cannot be said that there was only a technical breach of the law. I understand the difficulty you'll face in trying to get another job. However you must understand that there are repercussions for engaging in illegal conduct. You should have given thought to this and other important things and weighed the cost of your action before indulging in the said act. You only have yourself to blame and I don't see any exceptional or compelling circumstance to not enter a conviction. A deterrent is warranted in the public interest hence a conviction will be entered against you.
   
9. In considering the circumstances of the offending in this case I take a starting point of 6 months.
   
10. For the aggravating factors I increase the sentence by 2 months. The sentence is now 8 months imprisonment.
    
11. This being your first offence and other mitigation I reduce your sentence by 2 months. For your guilty plea I further deduct your sentence by 2 months.
    
12. Your final sentence is now 4 months imprisonment.
    
13. I now consider whether to suspend your sentence. The leniency of the court is usually extended to first offenders. In my opinion it would be appropriate to order that your sentence be suspended for your rehabilitation.
    
14. Your sentence of 4 months imprisonment will therefore be suspended for 2 years.
    
15. 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 4 months imprisonment term with any punishment imposed in that other offence.
    
16. I further note that all items have been returned to the lawful owner. On that basis I will order that the money you've deposited with the court registry be returned to you forthwith.
    
17. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

19th February 2014