State v Toganivalu [2015] FJMC 138; Criminal Case 1800.2015 (31 December 2015)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

Criminal Case No: - 1800/2015

STATE

V

TEVITA TOGANIVALU

For Prosecution: PC Josuha
The Accused : Ms.K.Vulimainadave(LAC)

Date of Sentence: 31st of December 2015

SENTENCE

1. TEVITA TOGANIVALU , you were initially charged in this Court for one count of Robbery and later this was reduced to Theft contrary to section 291(1) of the Crimes Decree.
   
2. You pleaded guilty for the amended charge also admitted the summary of facts. According to facts whilst the complainant was walking you came from behind and grabbed her mobile phone valued at $179.00.
   
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. There are no aggravating factors in this offence.
   
7. Mitigating factors are early guilty plea, first offender, and item recovered, young offender and seeks forgiveness.
   
8. Considering the gravity of offending,I select 04 months as starting point and deduct 02 months for all the mitigating factors to reach 02 months imprisonment.
   
9. Considering your young age I believe the purpose of sentencing of you should be reform. Accordingly I suspend this sentence for 06 months.
   
10. If you commit any offences during next 06 months you can be charged under section 28 of the Sentencing and Penalties Decree.
    
11. 28 days to appeal
    

Shageeth Somaratne
Resident Magistrate