State v Hicks [2017] FJMC 43; Criminal Case 227.2016 (14 March 2017)

IN THE MAGISTRATE’S COURT AT LABASA

CRIMINAL JURISDICTION

Criminal Case No. 227 of 2016

STATE

v

JOLAME HICKS

For the Prosecution : CPL Monish

For the Accused : Ms Dunn. S

Sentence : 14 March 2017

SENTENCE

1. The accused, Jolame Hicks, you are before this Court to be sentenced after you have been convicted for Theft, contrary to section 291 of the Crimes Decree of 2009.
   
2. On 23 August 2016, you pleaded guilty to the charge in the presence of your counsel. I find your plea to be unequivocal.
   
3. The brief summary of facts are;-

“Between Sunday 3 April 2016 to Monday 4 April 2016, the accused Jolame Hicks was drinking with the victim Salendra Kumar Singh and others at a dwelling house in Wailevu, Labasa. The victim fell asleep in the sitting room before the drinking party finished. The accused after drinking had notice the victim was sleeping and he picked the victim’s brown coloured leather wallet containing $1000.00 cash and one grey Samsung mobile phone valued $500.00 put it in his pocket and walk away from the house, stole the said items with total value of $1,500 the property of the victim. The accused was arrested, caution interviewed and admitted to the allegation. The Samsung mobile phone was recovered with the empty brown leather wallet.”

4. You admitted to the summary of facts on 23 August 2016 and was convicted as charged.
   
5. The maximum penalty for Theft is 10 years imprisonment. In the case of Ratusili v State [2012] FJHC 1249; HAA011.2012 (1 August 2012), the High Court set the tariff as follows;-
   1. First offence of simple theft, sentence range between 2 and 9 months;
   2. Any subsequent offence, attracts penalty at least 9 months;
   100. Theft of large sum of money and theft in breach of trust, whether first offence or not attract sentences of up to 3 years;
   4. Planned thefts attract greater sentence than opportunistic thefts.
      
6. The aggravating factors are;-
   1. unlawfully took the items.
   2. take advantage of the victim situation where he was sleeping..
   3. $1000 was not recovered.
      
7. The mitigating factors are;-
   1. Married with four children and sole breadwinner.
   2. Remorseful and promise not to re-offend.
   3. Ask for leniency and for another chance.
      
8. Your case falls under category (a) and (d) in Ratusili’s case, (supra) and I pick 5 months as my starting point for your sentence.
   
9. I add 6 months for the aggravating factors and that increase your sentence to 11 months imprisonment. I reduce 4 months for your mitigation and that reduce your sentence to 7 months imprisonment. I further reduce your sentence by 2 months for your early guilty plea and that reduce your sentence to 5 months imprisonment.
   
10. Jolame Hicks, I now sentence you to 5 months imprisonment.
    

28 days to appeal.

C. M. Tuberi

RESIDENT MAGISTRATE