State v Kamikamica [2016] FJMC 23; Criminal Case 20205.2015 (29 February 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

Criminal Case No: - 20205/2015

STATE

V

MILIAKERE KAMIKAMICA

For the Prosecution: PC Shaw
The Accused: In person
Date of sentence : 29th of February 2016

SENTENCE

1. MILIAKERE KAMIKAMICA , you pleaded guilty to 2 counts of Obtaining Financial Advantage contrary to section 326(1)(a) (b) (c) of the Crimes Decree No 44 of 2009.
   
2. Admitted summary of facts shows that you obtained monies from the complainant promising him a job in Australia. Later you stopped answering to his calls and in your interview admitted taking these fees and using them for your personal use.
   
3. I am satisfied that you pleaded guilty on your own free will and convict you for both counts.
   
4. The maximum penalty for Obtaining Financial Advantage by Deception under the Crimes Decree is 10 years imprisonment.
   
5. In State v Sharma [2010] FJHC 623; HAC 122.2010L (7 October 2010) his Lordship Justice Madigan held that:“The tariff under the Penal Code offence for obtaining money by deception was 18 months to three years (Arun v State [2HAA 55 of 2008, A Ateca v Stat0; HAA 71 of 2002 2002, Rukhmani v State HAA 0 200f). Now the pthe py under the new Crimes Decree has doubled, then obviously this tariff needs to beto be revi revisited. The tariff for obtaining cuniai>> advantageecepdeception should now be bet2 years aars and 5 years with 2 years being reserved for minor offences with little and spoous dion . The top end ofnd of the range will obviously be reserved for fraud ofud of -the most serious kind where a premeditatd well planned cynical operation is put in place."
   
6. There are no aggravating factors apart f.
   
7. Mitigating factors are first offender , seeks forgiveness, remorseful and co-operated with the police.
   
8. After considering the gravity of offending this court select 03 years as the starting point each count and for above mitigating factors deduct 06 months to reach 30 months imprisonment. For the early guilty plea deduct 1/3 to reach 20 months imprisonment. Considering totality principle I order these to be concurrent.
   
9. You are a first offender and pleaded guilty at the first available opportunity. Therefore for the purpose of rehabilitation I suspend this sentence for 02 years.
   
10. If you commit any offences during next 02 years you can be charged under section 28 of the Sentencing and Penalties Decree.
    
11. Also I order you to pay $1333.00 as compensation to the complainant.
    
12. 28 days to appeal
    

Shageeth Somaratne
Resident Magistrate, Suva