State v Qaluma [2014] FJMC 54; Criminal Case 30.2014 (2 April 2014)

IN THE MAGISTRATE COURT OF FIJI
AT RAKIRAKI
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 30/14

BETWEEN:

THE STATE

AND:

OSEA QALUMA

Prosecution: WPC Poonam
Accused: In Person

SENTENCE

Background

1. Osea Qaluma you were charged for the offence of Theft contrary to section 291(1) of the Crimes Decree No. 44 of 2009.
   
2. The particulars as follows:
   

"Osea Qaluma on 25th of December 2013 at Barotu Rakiraki in the Western Division stole a CD valued $20.00 the property of Prem Chand."

3. You pleaded guilty voluntarily to the charge and accepted the facts read and tendered by prosecution.
   
4. The Court being satisfied that your guilty plea was unequivocal convicted you as charged.
   

Facts

5. According to prosecution on 25/12/13 at 5pm accused and two others came into (complainant) Prem Chand's nite club at Barotu Ra and commenced drinking beer. The complainant took a job in his vehicle and accused entered the liquor bar and stole a CD and went away. When complainant returned he noticed the missing CD. The complainant came to Nanukuloa and confronted accused about the missing CD. Accused admitted taking the CD. Complainant brought the accused and handed him over to police.

Accused was then interviewed under caution and charged.

Mitigation

6. You mitigated and I take the following in your favor:
   • You've a first offender.
   • Pleaded guilty.
     

Aggravating Features

7. The following features I would regard as aggravating:
   • Breach of trust.
   • Prevalence of offence in community.
     

Prescribe Penalty & Tariff

8. 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).

Sentence

9. In considering the circumstances of offending in this case, I take a starting point of 6 months.
   
10. For the aggravating factors I increase your sentence by 2 months. Your sentence is now 8 months imprisonment.
    
11. This being your first offence and other mitigating circumstances I reduce your sentence by 1 month. For your guilty plea I further reduce your sentence by 2 months.
    
12. Your final sentence is now 5 months imprisonment.
    
13. I now consider whether your sentence should be suspended. When considering your good background and your young age, I think you should be given an opportunity to reform yourself.
    
14. 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 5 months imprisonment term with any other penalty imposed in that other offence.
    
15. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

2nd April 2014