State v Rabukawaqa [2017] FJMC 15; Criminal Case 04.2017 (7 February 2017)

IN THE MAGISTRATES’ COURT OF FIJI

AT SUVA

Criminal Case No: - 04/2017

STATE

V

AMONI RABUKAWAQA

For the Prosecution : Cpl Shaw

For the Accused: Ms.Nabainivalu(LAC)

Date of Sentence : 07^th of February 2017

SENTENCE

1. AMONI RABUKAWAQA, you pleaded guilty in this court to one count of Theft contrary to section 291(1) of the Crimes Decree No 44 of 2009.
2. According to the admitted summary of facts on 30/12/2016 you stole 1xTotal Branded Drill Machine valued at $49.00 from RUPS BIG BEAR STORE, RAIWAQA.
3. I am satisfied that your plea was made voluntarily and unequivocal. Accordingly I convict you for this offence.
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. Considering your previous convictions for similar offences, I select 18 months as the starting point for your sentence.
7. There are no aggravating factors and mitigating factors are 30 years old, married with 3 small children, sole bread winner of the family, item was recovered and you co-operated with the police. For these I deduct 03 months to reach 15 months imprisonment.
8. As noted earlier you have previous conviction which would deprive you from getting credit for your character.
9. Having got the proper legal advice you pleaded guilty early and for that I deduct 1/3 to reach 10 months imprisonment.
10. You are in remand for nearly 01 month and pursuant to section 24 of the Sentencing and Penalties Decree I deduct that period to reach 09 months imprisonment.
11. Now I have to consider whether to suspend your sentence.
12. Even thought you have similar offences and got a suspended sentence for that , considering your early guilty plea ,personal mitigating factors and the value of the stolen property I am willing to give you an another opportunity.
13. Hence I suspend your 09 months imprisonment to 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