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State v Walter [2009] FJMC 27; Criminal Case 227.2007 (11 December 2009)

IN THE FIRST CLASS MAGISTRATE’S COURT
AT TAILEVU
FIJI ISLANDS

Criminal Case No: 227 of 2007

STATE

V

1. TOMASI WALTER
2. NASONI NAQELEKALOU
   

Before: Chaitanya Lakshman
Resident Magistrate

For Prosecution: Inspector Ali
Accused : Present

SENTENCE

Introduction

You are both charged with Larceny, Contrary to Section 259 and 262 of the Penal Code (Cap 17). The charge is that, you, Nasoni Naqelekalou and Tomasi Walter between the 1st day of June 2007 and 17th day of August 2007 at Nayavu, Tailevu in the Central Division stole 8 Aluminum Ark Plate valued at $8000.00 the property of Public Works Department.

In between the said dates the Aluminum Ark Plates were placed on the side of the Road at Nayavu by PWD. The said Ark Plates were to be used as culvert on the newly built Kings Road. The items were stolen from the said site. Information was received that the accused loaded the said plates and took it away. The accused admitted the offence.

Both of you on your own free will pleaded guilty to the offence that you are charged with.

Tomasi your mitigation is as follows following:

- "28 years old.

- Married

- Wife is pregnant.

- Driver

- Earn $500/week.

- Seek forgiveness.

- 1st offender.

- Will not re-offend.

- Took 5 Ark Plates"

Nasoni your mitigation is as follows following:

- "34 years old.

- Married with 1 child.

- Farmer

- Earn $300/year.

- Seek forgiveness.

- Seek forgiveness.

- Took 3 plates."

The maximum penalty for offence you are charged with is Seven (7) years imprisonment.

The tariff for the offence you are charged with is between 2 months to 9 months.

The court starts with a sentence of 4 months for the offence for each one of you.

Tomasi

For the aggravating factors which include; the delays in the building of the bridge and boldness in removing such large State assets the Court increases the sentence by 1 month. You told the court that you stole 5 ark plates.

The Court will give you discount for your previous good character. You have no previous conviction.

The court notes your mitigation and the early guilty plea and the time you have spent in remand before sentencing and for this the court allows 2 month discount.

You are sentenced to 3 months imprisonment. 28 days to appeal.

Nasoni

For the aggravating factors which include; the delays in the building of the bridge and boldness in removing such large State assets the Court increases the sentence by 1 month. You told the court that you stole 3 ark plates.

The Court will give not give you discount for your character as you have 1 previous conviction; the other PC is being disregarded.

The court notes your mitigation and the early guilty plea and the time you have spent in remand before sentencing and for this the court allows 1 month discount.

You are sentenced to 4 months imprisonment. 28 days to appeal.

Tomasi- You are sentenced to 3 months imprisonment. 28 days to appeal.

Nasoni - You are sentenced to 4 months imprisonment. 28 days to appeal.

Chaitanya Lakshman
RESIDENT MAGISTRATE
Nausori

11/12/09