State v Lutudrokadroka - Sentence [2015] FJMC 123; Criminal 1526.2015 (6 November 2015)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

Criminal Case No: - 1526/2015

STATE

V

APIMELEKI LUTUDROKADROKA

For Prosecution: Sgt.Suli
The Accused : In person
Date of Sentence: 06th of November 2015

SENTENCE

1. APIMELEKI LUTUDROKADROKA, you were charged in this Court for one count of Theft contrary to section 291(1) of the Crimes Decree.
   
2. You pleaded guilty yesterday and also admitted the summary of facts. According to facts you stole a Tabua belonged to your father and sold it to shop for $200.00
   
3. I am satisfied that your plea made without any inducement or threat and you fully understand the legal consequences .Accordingly you are convicted for this charge.
   
4. The maximum penalty for Theft is 10 years imprisonment.
   
5. The tariff was outlined in the case of Ratusili v State [2012] FJHC 1249; HAA011.2012 (1 August 2012) where his Lordship Justice Madigan said:
   

(i) for a first offence of simple theft the sentencing range should be between 2 and 9 months.

(ii) any subsequent offence should attract a penalty of at least 9 months.

(iii) Theft of large sums of money and thefts in breach of trust, whether first offence or not can attract sentences of up to three years.

(iv) regard should be had to the nature of the relationship between offender and victim.

(v) planned thefts will attract greater sentences than opportunistic thefts.

6. Aggravating factor is breach of trust as you committed this offence against your father.
   
7. Mitigating factors are early guilty plea, first offender and seeks forgiveness.
   
8. Considering the gravity of offending,I select 04 months as starting point and add 04 months for the aggravating factors to reach 08 months. For the mitigating factors deduct 05 months to reach 03 months imprisonment.
   
9. For the purpose of rehabilitation I suspend this 03 months to 01 year. If you commit any offences during next 01 year you can be charged under section 28 of the Sentencing and Penalties Decree.
   
10. 28 days to appeal
    

Shageeth Somaratne
Resident Magistrate