State v Ligaiviu [2017] FJMC 79; Criminal Case 39 of 2017 (14 June 2017)

IN THE MAGISTRATES’ COURT OF FIJI

AT LEVUKA

Criminal Case No: -39/2017

STATE

V

SIVONI LIGAIVIU

For the Prosecution : Sgt.Rao

The accused: In person

Date of Sentence : 14^th of June 2017

SENTENCE

1. SIVONI LIGAIVIU, you pleaded guilty this morning to one count of Theft contrary to section 291(1) of the Crimes Act No 44 of 2009.
2. According to the admitted summary of facts between 1/11/2016 to 1/12/2016 you stole 1 yaqona plant valued at $700.00 from the farm of the complainant.
3. I am satisfied that your plea was made voluntarily and unequivocal. Accordingly I convict you for this charge.
4. Maximum penalty for Theft under the Crimes Act 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 objective seriousness, I select 05 months as the starting point for your sentence.
8. The aggravating factor is stealing farm crop and for that I add 06 months to reach 11 months imprisonment.
9. In mitigation you submitted that you are 25 years old, first offender and farmer by profession. For these I deduct 03 months to reach 08 months imprisonment.
10. For pleading guilty at the earliest opportunity finally I deduct 1/3 to reach 05 months imprisonment.
11. Now I have to consider whether to suspend your sentence pursuant to section 26 (2) (b) of the Sentencing and Penalties Act.
    12. It appears that theft of Yaqona and Dalo has become prevalent in this part of the country. Incidents like these would discourage farmers from continue with farming. Hence deterrence sentences are warranted to stop these offences from happening in future. A clear message needs to be given to the community here that if they steal from farms they need to expect a severe sentence irrespective of their mitigating factors.
13. SIVONI LIGAIVIU, I sentenced you to 05 months imprisonment for this charge.
14. 28 days to appeal.

Shageeth Somaratne

Resident Magistrate