State v Rokosenabau - Sentence [2015] FJMC 124; Criminal Case 1873.2014 (2 November 2015)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

Criminal Case No: - 1873/2014

STATE

V

ASERI ROKOSENABAU

For Prosecution: WPC Kalara
The Accused : In person
Date of Sentence: 02nd of November 2015

SENTENCE

1. ASERI ROKOSENABAU , 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 with another person grabbed the complainant and stole his mobile phone valued at $99.00.
   
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 factors are you committed this with another person and grabbed the victim which suggests some kind of force for this offence.
   
7. Mitigating factors are early guilty plea, first offender and seeks forgiveness.
   
8. Considering the gravity of offending I select 05 months as starting point and add 05 months for the aggravating factors to reach 10 months. For the mitigating factors deduct 04 months and for the period in remand deduct 04 months to reach 02 months imprisonment.
   
9. For the purpose of rehabilitation I suspend this 02 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