Home | Databases | WorldLII | Search | Feedback Magistrates Court of Fiji

State v Shariff [2010] FJMC 10; Criminal Case 821.2009 (9 February 2010)

IN THE RESIDENT MAGISTRATE’S COURT OF SUVA

Criminal Case No: 821 of 2009

STATE

V

ABDUL SHAFIL SHARIFF s/o Abdul Shariff

For Prosecution: Inspector Harish
Accused: Present in Person

SENTENCE

1. You, ABDUL SHAFIL SHARIFF, are here, to be sentenced on admission of guilt on your own accord for the offences of Damaging Property, Contrary to section 324 of the Penal Code and Larceny, Contrary to Section 259 (1) and 262 (1) of the Penal Code.

2. According to the facts (which you have admitted), on 20th June 2009 you have damaged the front portion of the vehicle registration number LT 4470 and abandoned the said vehicle at Jaihanuman Road roundabout. You got that vehicle from the complainant. Estimated total damage you caused was $ 1500. After causing damage, you have removed three tyres, taxi radio with two speakers and taximeter, all to the total value of $ 1100. On the same day, you gave the taximeter and two speakers to PW-3 and sold 3 tyres to PW-4.

3. According to the case record, you were brought before the court on 07th July 2009. Since you have requested Legal Aid assistance, administering a plea had differed by the court. After bail being granted, you were present in the court on the next date and thereafter-absconded court for five months. When you were brought before my brother magistrate, you again informed the court that you are seeking legal assistance from a lawyer of your own choice. When you appeared before me, you informed the court that you are willing to plead guilty for both counts.

4. You plead guilty without any incite from the court. It was your request that you want to change your plea. Therefore, I am satisfied that you have not been misled when entering the guilty plea.

5. Maximum sentence for the offence of Simple Larceny is five years imprisonment. Tariff for Larceny is 12 months to 18 months imprisonment. (Poniasi Saulekaleka v. The State HAA0050 of 2001 S / Talau v. The State 2005 FJHC 212; HAA0078J.2005, on 05th May 2005 per Shameem J and Emosi Betu v. The State HAA58 of 2008 0n 11th November 2008 per Anthony J Sherry J). In Lorosio Vulaca v. The State, Crim. App. No: HAA 031 of 2007S, tariff of 2-9 months imprisonment for first offenders had been identified by Shameem J. Maximum sentence for the offence of damaging property is 2 years.

6. You are not a first offender, so you are not entitled for any discount for your previous good behaviour. I set my starting point of sentencing for 16 months.

7. You have 05 previous convictions. Four of them are for Assault Occasioning Actual Bodily Harm (AOABH) and one is for Larceny. When you pleaded guilty for this case there were two other cases pending against you. One of those cases got same charges as this and you plead guilty for that also. You seek time for reconciliation in the other case. Those previous convictions and pending cases are the best evidence of your character.

8. So far, you have not shown any remorse towards the complainant. You did not pay for the damage you caused. Without having any consideration for the other person’s property, after causing damages to the vehicle, you have proceeded to steal and sell some parts of the same.

9. Considering all these facts as aggravating factors, I add another 04 months to your sentence. Your sentence now stands for, 20 months imprisonment.

10. You have pleaded guilty, which is not an early plea and you have wasted valuable time of court for more than five months by absconding. Therefore, I am of the view that you are not entitled to 1/3 reduction for your guilty plea. In mitigation, you said that you are 29 years old and married with four children, one of them are handicapped. As a driver, you are earning $ 150 per week. You further said that you are the sole breadwinner of the family and asked for court’s forgiveness promising not to re-offend.

11. For your late guilty plea and the other mitigating factors, I reduce 4 months from the total sentence of imprisonment.

12. Your sentence now stands for 16 months imprisonment. I am aware that the sentences, which are below two years, could be suspended. Despite your previous convictions, I think that you should be given a final opportunity to correct yourself. Therefore, I proceed to suspend the term for 24 months.

13. If you commit any offence during the suspended period and found guilty by the court, you are liable to serve a 16 months imprisonment period.

14. Apart from the above penalty, I order you to pay $ 1000 as compensation to the complainant within 04 months from today. If you failed to pay the compensation, I order you to serve 04 months imprisonment term. This default imprisonment term has no connection to the suspended imprisonment term.

15. 28 days to Appeal.

On this Tuesday the 09th day of February 2010

Kaweendra Nanayakkara
Resident Magistrate