State v Kairabi [2017] FJMC 55; Criminal Case 47.2017 (25 April 2017)

IN THE MAGISTRATES’ COURT OF FIJI

AT TAVEUNI

Criminal Case No: -47/2017

STATE

V

SALESITINO KAIRABI

For the Prosecution : WPC Qolitabua

The accused: In person

Date of Sentence : 25^th of April 2017

SENTENCE

1. SALESITINO KAIRABI, 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 between 24^th December to 29^th December 2016 2016 you stole 1xBlack Nike canvass, 1x pair of Sunglass to the total value of AUD$ 450.00 from the complainant who was staying at Waruka Bay Resort , Qamea . These were stolen from the bure where the complainant was staying for his holiday.
3. I am satisfied that your plea was made voluntarily and unequivocal. Accordingly I convict you for this charge.
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. In Laisiasa Koroivuki v the State [2013] FJCA 15; AAU0018.2010 (5 March 2013) his Lordship Justice Goundar discussed the guiding principles for determining the starting point in sentencing in the following manner:

"In selecting a starting point, the court must have regard to an objective seriousness of the offence. No reference should be made to the mitigating and aggravating factors at this time. As a matter of good practice, the starting point should be picked from the lower or middle range of the tariff. After adjusting for the mitigating and aggravating factors, the final term should fall within the tariff.

7. Considering the gravity of offending, I select 05 months as the starting point for this sentence.
8. The aggravating factor is stealing from tourist who was staying in the resort and for that I add 05 months to reach 10 months imprisonment.
9. In mitigation you submitted that you are 20 years old, single, and got a child. For these mitigating factors I deduct 04 months to reach 06 months imprisonment.
10. For pleading guilty at the earliest opportunity, finally I deduct 1/3 to reach 04 months imprisonment.
11. Now I have to consider whether to suspend your sentence.
12. Fiji is famous for friendly smile and hospitality. The people come from all over the world to experience this as well as to explore the beautiful islands in here. The criminals who target tourists would be damaging the reputation of this country as well as the economy which is mainly depend on tourism. Hence the custodial sentence is warranted to denounce your behavior as well as to deter other offenders.
13. SALESITINO KAIRABI, I sentence you to 04 months imprisonment for this charge.
14. 28 days to appeal.

Shageeth Somaratne

Resident Magistrate