State v Kalounivonu [2014] FJMC 97; Criminal Case 836.2014 (3 June 2014)

IN THE RESIDENT MAGISTRATES COURT OF FIJI
AT SUVA

Criminal Case No: - 836/2014

STATE

v

JOSEVATA KALOUNIVONU

PC Josuha for the Prosecution
The accused in person

SENTENCE

1. JOSEVATA KALOUNIVONU , 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. You waived right to counsel and pleaded guilty for this offence and also admitted the summary of facts presented by the prosecution.
   
3. According to the summary of facts on 15/05/2014 you stole 1xbalck suitcase valued at $110.00 containing 40xCanterbury brand bags valued at $1800.00 all to the total value of $1910.00 the property of Sanjay Pramar .
   
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. I do not find any aggravating factors in this case.
   

MITIGATING FACTORS

8. Mitigating factors are you are seeking forgiveness, looking after your elderly mother.
   
9. You have convictions for similar kind of offences and therefore I select 18 months as my staring point and deduct 04 months for mitigating factors to reach 14 months. For your early guilty plea I deduct 1/3 to reach 10 months imprisonment. You are not a first offender and therefore not entitled any discount for your character.
   
10. Pursuant to section 26(2) (b) of the Sentencing and Penalties Decree this Court has the power to suspend your sentence.
    
11. You have long list of convictions starting from 2002. But I would consider the convictions from 2004 and even then you got 16 convictions. From that I note 10 convictions for similar kind of offences. Clearly you have not learned from these therefore I do not see any reason to suspend this sentence.
    
12. Accordingly I sentence you to 10 months imprisonment for the offence of Theft contrary to section 291 of the Crimes Decree.
    
13. 28 days to appeal
    

03rd June 2014
H.S.P.Somaratne
Resident Magistrate