State v Nand - Sentence [2014] FJMC 95; Criminal Case 340.2010 (30 May 2014)

IN THE RESIDENT MAGISTRATES COURT OF FIJI
AT SUVA

Criminal Case No: - 340/2010

STATE

v

MERVIN SHANIL NAND

PC Josuha for the Prosecution
Mr. Tirath Sharama for the Accused

SENTENCE

1. MERVIN SHANIL NAND , you were charged in this Court for one count of Theft contrary to section 291(1) of the Crimes Decree No.44 of 2009.
   
2. On the hearing date you informed that you wanted to change your plea and therefore when the charge was read you pleaded guilty for this offence . You also admitted the summary of facts presented by the prosecution.
   
3. According to the summary of facts on the 23rd of November 2010 whilst working as a salesman in RC Manuabahi you stole 6 X4 Liters of Paint valued at $200.00 , the property of the company.
   
4. I am satisfied about your plea and convict you for this charge.
   

LAW AND TARIFF

5. The maximum penalty for Theft is 10 years imprisonment.
   
6. In Jone Saukilagini [2005]FJHC 13 her Ladyship Justice Shameem held that "the tariff for simple larceny on a first conviction is from two to nine months. In cases of larceny of large amount of money sentence of 18 months to three years have been upheld by the High Court"
   

AGGRAVATING FACTORS

7. By stealing from your workplace you breached the trust placed on you by your employer and this will be considered as an aggravating factor.
   

MITIGATING FACTORS

8. Mitigating factors are you are 24 years old, married and sole breadwinner , looking after your elderly mother, remorseful and seek forgiveness.
   
9. After considering the facts I select 06 months as my starting point and add 08 months for aggravating factor to reach 14 months . For the above mitigating factors I will deduct 05 months and for saving the Court's time by your guilty plea further deduct 02 months to reach 07 months.
   
10. For your past good behavior I deduct another 02 months to reach 05 months imprisonment.
    
11. Pursuant to section 26(2) (b) of the Sentencing and Penalties Decree this Court has the power to suspend your sentence.
    
12. Considering your past good behavior as well as your young age I believe you need to be given a chance to reform.
    
13. Accordingly I sentence you to 05months imprisonment and this will be suspended for 02 years.
    
14. If you commit any offence punishable by prison sentence during the next 02 years you can be charged under section 28 of the Sentencing and Penalties Decree.
    
15. 28 days to appeal
    

30th May 2014
H.S.P.Somaratne
Resident Magistrate