State v Kabakoro [2015] FJMC 127; Criminal Case 90.2015 (12 November 2015)

IN THE MAGISTRATE'S COURT AT NABOUWALU
CRIMINAL JURISDICTION

Criminal Case No. 90 of 2015

STATE

V

1. LUI KABAKORO
2. KELEMEDI DOKONI

Prosecution : PC Monish
Accused : 1. In Person
2. In Person

Sentence : 12 November 2015

SENTENCE

1. The Accused, Lui Kabakoro and Kelemedi Dokoni, you are before this court for sentence after being convicted to the charge of Theft, contrary to sections 291(1) of the Crimes Decree 2009.
   
2. You both waived your rights to Counsel and the charge was put to both of you on 21 October 2015, after the full disclosures has been served to each of you. You both pleaded guilty to the charge. I find the plea to be unequivocal.
3. The summary of facts was read to both of you on 21 October 2015, where you both admitted the summary of facts and you are both convicted as charged.
   
4. The brief summary of facts is that, on Sunday 4 October 2015, both the Accused uprooted 8 yaqona plants all 2 years old valued at $400.00 from the farm of Filomena Cokanasiga at Nacuna Farm, Navave, Bua and sold some of the yaqona at Nabouwalu Village for $40.00 and at the Labasa Market for $70.00. Both the Accused admitted committing the offence during the investigation and they have used the money in buying liquor.
   
5. Each of you submitted oral mitigation on your own behalf on the same day after your admission to the summary of facts.
   
6. The maximum penalty prescribed for Theft is 10 years imprisonment. The sentencing tariff was set in Vakarauvanua v The State [2004] FJHC 116, for 2 to 9 months for simple theft and 9 months and more for repeated offenders.
   
7. This is a case of simple theft and in sentencing, my starting point is 6 months. I add 3 months for the aggravating factors and that increases your sentence to 9 months. The High Court in the case of Vilimone v State [2008] FJHC 12, recognised that one third of the sentence should be reduce for an early guilty plea. You both entered an early guilty plea and I reduce 3 months for your early guilty plea. That reduces your sentence to 6 months.
   

8. I reduce 2 months for your mitigation and that reduces your sentence to 4 months imprisonment. The First Accused is a first offender. The Second Accused was sentence earlier this year on 5 June for the offence of Burglary and Theft where he was sentence for 12 months and 9 months respectively and the sentence were suspended for 2 years. It was during the suspension period when the Second Accused committed this offence. It appears that the Second Accused is not learning his lesson after been given the second chance. You take advantage of the court leniency. It appears that you fail to reform yourself when you were given the opportunity.

9. The final sentence for both of you in this offence is 4 months imprisonment. I have decided to suspend the First Accused sentence for 2 years. In regards to the Second Accused, I determined not to suspend your sentence due to the reason stated in paragraph 8 above.

10. Accordingly I sentence both the Accused as follows;

1. First Accused – 4 months imprisonment and suspended for 2 years.
   
2. Second Accused – 4 months imprisonment to be served with immediate effects.
   

28 days to appeal.

Cama M. Tuberi
RESIDENT MAGISTRATE