State v Selina [2016] FJMC 74; Criminal Case 200.2016 (8 July 2016)

IN THE MAGISTRATES’ COURT OF FIJI

AT SUVA

Criminal Case No: - 200/2016

STATE

V

MERESIANA SELINA

For the Prosecution: Cpl Shaw

For the Accused: Mr.Waqainabete (LAC)

Date of Sentence: 08^th of July 2016

SENTENCE

1. MERESIANA SELINA, you were charged with six counts of Theft, contrary to section 291(1) of the Crimes Decree.
2. You pleaded guilty and admitted the summary of facts presented by the Prosecution. According to facts on from 17^th September 2015 to 05^th November 2015 on six different occasions you stole the monies from your employer, New India Assurance Limited. You were working as a cashier and third party officer and used these amounts to your personal use. The total amount stolen was $3,905.65.
3. I am satisfied about your plea and convict you for all the offences.
4. 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. The offence you committed is serious and prevalent in the society. You stole from your employer and breached the trust of placed on you. Therefore considering the gravity of offending and your culpability, I select 21 months imprisonment as the starting point for each count.
7. The aggravating factor is stealing from your work place and since I have considered this in selecting my stating point I would not enhance your sentence based on that.
8. The learned legal aid counsel in his mitigation submitted that you are a first offender, young offender and married with children. You have made full restitution and this was confirmed by the receipts produced this morning. For these mitigating factors I deduct 03 months to reach 18 months imprisonment for each count.
9. When an accused pleaded guilty at the first available opportunity 1/3 deduction is given to concede saving of court time and resources. Following this principle, I also deduct 1/3 from your sentence to reach 12 months imprisonment for each count. Considering totality principle I order these to be concurrent.
10. When there is breach of trust involved a custodial sentence is warranted even for first offenders as to denounce their behavior and to deter future offenders.
11. But if the accused pleaded guilty at the first available opportunity and made full restitution a court can consider deviating from a custodial sentence to allow that person an opportunity to rehabilitate.
12. In this case also you made full restitution after pleading guilty at the earliest chance and accordingly I am prepared to give you a non-custodial sentence.
13. MERESIANA SELINA, I sentence you to 12 months imprisonment for these offences and suspend this for 03 years.
14. If you commit any offences during next 03 years you can be charge under section 28 of the Sentencing and Penalties Decree.
15. 28 days to appeal.
    

Shageeth Somaratne

Resident Magistrate