State v Koro [2014] FJMC 9; Criminal 286.2013 (15 January 2014)

IN THE MAGISTRATE COURT OF FIJI
AT RAKIRAKI
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 286/13

BETWEEN:

THE STATE

AND:

JALE KORO

Prosecution: PC Nitesh
Accused: Ms Tarai (Legal Aid Office)

SENTENCE

1. Jale Koro you pleaded guilty to theft contrary to section 291(1) of the Crimes Decree No. 44 of 2009.
   
2. You pleaded guilty voluntarily to the charge when it was read and explained. You also accepted the facts read and tendered by prosecution.
   
3. The Court is satisfied of your guilty plea being unequivocal and you've convicted as charged.
   
4. Between 1st August 2013 and 31st August 2013 at Nanuku Ra you stole a plough valued $400.00 the property of Ganesh Rao, 68yrs Farmer of Nanuku Ra and kept it at your place also at Nanuku Ra.

The matter was reported to police and through investigations the plough was located at your place and seized. You were also arrested and charged for the alleged offence.

Mitigation

5. Your counsel mitigated and I take the following in your favour:
   • Guilty plea.
   • First offender.
   • Request for leniency and non-custodial sentence.
   • Item has also been recovered.
     

Aggravating Features

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

Tariff

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).

Sentence

8. In considering the circumstances of the offending in this case, I take a starting point of 9 months.
   
9. For the aggravating factors I increase your sentence by 2 months. Your sentence is now 11 months imprisonment.
   
10. This being your first offence and other mitigating circumstances I reduce your sentence by 2 months. For your guilty plea I further deduct the sentence by 3 months. Your final sentence is now 6 months imprisonment.
    
11. To give effect to the principle of deterrence you are sentenced to 6 months imprisonment.
    
12. I now consider whether to suspend your sentences. This is your first offence and you've remorseful for your action. You didn't benefit from the offending and no loss has been caused to the complainant either as item was recovered.

In the Courts opinion you should be given another opportunity to reform yourself. It would be appropriate to suspend your sentence.

13. Your sentence of 6 months will be suspended for 2 years.
    
14. 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 imprisonment term with any punishment imposed in that other offence.
    
15. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

15th January 2014