State v Nainima [2016] FJMC 83; Criminal Case 148.2012 (13 July 2016)

IN THE MAGISTRATES’ COURT OF FIJI

AT TAVEUNI

Criminal Case No: - 148/2012

STATE

V

APOROSA NAINIMA

For the Prosecution: Sgt.Naidu

For the Accused: Mr.A.Paka (LAC)

Date of Sentence: 13^th of July 2016

SENTENCE

1. APOROSA NAINIMA, you were convicted after a hearing to one count of Theft contrary to section 291(1) of the Crimes Decree.
2. During the hearing it was proved that on 26^th June 2012 you stole 3 dalo bags from the complainant’s farm. The values of the stolen properties were $300.00.
3. Maximum penalty for Theft is 10 years imprisonment.
4. 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.

5. The offence you committed is serious and prevalent in Taveuni. Therefore considering the gravity of offending and your culpability, I select 07 months imprisonment as the starting point for this offence.
6. There are no aggravating factors to enhance your sentence.
7. The learned legal aid counsel in his mitigation submitted that you are a first offender, looking after the family, full recovery was made and remorseful.
8. For these mitigating factors I deduct 03 months to reach 04 months imprisonment.
9. Now I have to consider whether to suspend your sentence. Even though you are a first offender, you are not a young offender and were fully aware about your action. During the hearing as well as in your mitigation it was also shown that you are a dalo farmer and therefore must be aware about the hardships the farmers faced in cultivating these food crops. The last thing they want to see is their crops stolen. Also with the prevalent of this offence, the court needs to hand over sentences to discourage people in Taveuni from stealing from the framers. Therefore a custodial sentence is warranted in this case.
10. APOROSA NAINIMA, I sentence you to 04 months imprisonment for the offence of Theft contrary to section 291(1) of the Crimes Decree.
11. 28 days to appeal.
    

Shageeth Somaratne

Resident Magistrate