State v Taqiri [2018] FJMC 31; Criminal Case 240.2018 (3 April 2018)

IN THE MAGISTRATES’ COURT OF FIJI

AT NAUSORI

Criminal Case No: - 240/2018

STATE

V

SAMUELA TAQIRI

For the Prosecution : WPC Siteri

The accused: In person

Date of Hearing: 03^rd of April 2018

Date of Sentence: 03rd of April 2018

SENTENCE

1. SAMUELA TAQIRI, you pleaded guilty this morning to one count of Theft contrary to section 291(1) of the Crimes Act No 44 of 2009(“Crimes Act”).
2. According to the admitted summary of facts on 31/03/2018 at Ovea, Nausori you stole one Samsung S7 mobile phone valued at $1850.00 and $120.00 cash from 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 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 LaisiasaKoroivuki 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 of the offence I select 05 months as the starting point for your sentence.
8. There are no aggravating factors and in mitigation I consider the following :
   1. You are 29 years old;
   2. Married ;
   100. Carpenter by profession;
   4. The phone was recovered;
   5. Seeking forgiveness;
   6. Remorseful ;
9. For these mitigating factors I deduct 02 months to reach 03 months imprisonment.
10. You have a previous conviction in 2010 which is still valid and not entitle for discount for your character.
11. For pleading guilty at the earliest opportunity, finally I deduct 1/3 to reach 02 months imprisonment.
12. Even though you are not a first offender your early guilty plea, value of the stolen properties, recovery of phone are sufficient to suspend your 02 months imprisonment to 03 years. This would allow you the chance to rehabilitate.
13. If you commit any offences during next 03 years you can be charge under section 28 of the Sentencing and Penalties Act.
14. 28 days to appeal.

Shageeth Somaratne

Resident Magistrate