State v Naitini [2016] FJMC 229; Criminal Case 39.2015 (25 November 2016)

IN THE MAGISTRATE’S COURT AT SAVUSAVU

CRIMINAL JURISDICTION

Criminal Case No. 39 of 2015

STATE

v

URAIA NAITINI

For the Prosecution : Sgt Rinesh

For the Accused : In Person

Sentence : 25 November 2016

SENTENCE

1. The Accused, Uraia Naitini, you are before this court to be sentenced for one count of Theft, contrary to sections 291(1) of the Crimes Decree 2009.
   
2. You waived your rights to counsel on 23 May 2016 and you pleaded guilty to the charge on the same day. I find your plea to be unequivocal.
   
3. The brief summary of facts are;-

“That on 11 January 2016, the victim (Aurther Pickering) returned from savusavu and told PW1 and PW2 to check the farm as he heard that the accused sold 5 yaqona plants which is not owned by the accused. PW1 informed the victim that 5 yaqona plants were missing from their farm. The estimated cost is $200.00. The accused was arrested and admitted to the allegation.”

4. You admitted to the summary of facts on 23 May 2016, and you are convicted as charged.
   
5. The maximum penalty for Theft is 10 years imprisonment. The 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.
   
6. In sentencing, I pick 6 months as my starting point. I add 4 months for the aggravating factors and that increases your sentence to 10 months. I reduce 2 months for your mitigation and that reduces your sentence to 8 months imprisonment. I further reduce 2 months for your early guilty plea. That reduces your sentence to 6 months.
   
7. This is a farm theft where Goundar .J stated in State v Filipe Ratusuka & Others High Court Criminal Appeal No. HAA 001 of 2013 (7 March 2013) that “Farm theft is considered a serious offence because of the value that the commodities bring to the farmer and the community. For this reason theft cattle, goats, livestock and root crops from farming community is usually punished by custodial sentence to deter the offenders and others from engaging in this conduct in the future.”
   
8. In light of the above case authority I decided not to suspend your sentence.
   
9. Uraia Naitini, I now sentence you to 6 months imprisonment.
   

28 days to appeal.

C. M. Tuberi

RESIDENT MAGISTRATE