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State v Ledua [2010] FJMC 133; Juvenile Case 34.2010 (28 September 2010)

IN THE RESIDENT MAGISTRATE'S COURT OF SUVA

Juvenile Case No: - 34/2010

STATE

V

PENI LEDUA

For Prosecution: - P.C.Farook.
Accused: - Mrs. Karan R.

SENTENCE

1. You PENI LEDUA, were found guilty by this court, for the offence of Larceny, which is punishable under Section 259 (1) and 262(1) of the Penal Code Act 17, entailed a punishment up to 5 years of imprisonment.
   
2. I found you guilty for the offence consequent upon your "pleas of guilty' to the charge on 8th of July 2010 after the Court was satisfied that you fully comprehended the legal effects and that your plea was voluntary and free from influence.
   
3. Summary of facts, as admitted by you before the court, revealed that the offence of Larceny was committed on 20th day of May 2009.
   
4. Further, the summery of facts revealed, that you stole the black bag containing dirty clothes from the car registration number FL 847. The said vehicle was broken while it was parked at Colonial Bank, Lot 17, Sivi Road.
   
5. This case involved an act of opportunity where you found the said car was parked unattended. Then you utilized the opportunity came into your way to commit this crime. The aggravating factors are that the crime that you committed is a prevalent in the society. It is a compelling factor to consider that this kind of crime has turn law abiding citizen into prisoners in their own society.
   
6. Learned counsel who appeared for you made a plea in mitigation on behalf of you. She submitted that the very early guilty plea by you be considered substantially in your favour. The Learned Counsel on behalf of you further pleaded for forgiveness and applied for leniency in sentencing as you had now learnt the lessons and would not re-offend. The learned counsel of you was forceful in his plea for non-custodial sentences though she conceded of recommending proper custodial sentence with vocational training for you. In addition she emphasized that you were lacking proper parental care and guidance in your early young life which made you into a unruly young offender.
   
7. At this point I direct myself to consider appropriate punishment on you upon considering the general principle of sentencing under Section 15 (3) of the Sentencing and Penalties Decree and objective of sentencing under section 4 (1) and 4 (2) of the Sentencing and Penalties Decree and the section 20, 30 and 32 of the Juvenile Act .
   
8. Tariff for simple larceny is 6 months to 12 months imprisonment. ( Kaloumaira v State ( 2008) FJHC 63), (Manasa Lesuma v State 2004, FJHC 490). It was held in Tikoitoga v State (2008, FJHC 44, HAM088.2007, 18th March 2008), that the tariff for larceny is 18 months to 3 years. Shameem J held in Vaniqi v State (2008, FJHC 348,HAA080.2008) that tariff for simple larceny with previous conviction of a felony to be over 9 months.
   
9. In view of above judicial precedents and provisions of the Sentencing and Penalties Decree and careful perusal of the summery of facts and mitigation submission of the learned counsel for the Juvenile, sufficiently directed me to determine an appropriate starting point for you. In line with abovtencing gung guidelines and principles, I select 18 Months imprisonment period as a starting point.
   
11. You planned the act of theft upon the available opportunity and acted to fulfill your criminal intention. Your act of offence could have the effect of endangering innocent citizen. You demonstrated that you have no respect and regard for other's rights and freedom.
    
12. I now draw my attention to address the mitigatory factors in your favors.
    
    1. You are under the age of 17 at the time of committing this offence,
    2. Express remorsefulness and promise not to re offended,
    3. Seek another chance,
    4. Early plea,
    5. Time spend in boy center,
    6. Lack of parental guidance and support in your young life.
       
13. I now draw my attention to the social back ground report of you submitted by the Social Welfare officer. It clearly indicated that you dropped from school without any reason. It is indicative for me, that you need proper training and guidance to lead your future in better path from where you now.
    
14. Your parent or guardians are not showing enough enthusiasm and dedication to involve in your reform process. The court itself tried to involve your parent constructively in reforming you. Unfortunately, their interest and enthusiasm shown to this effort is minimal due to the reason better known to them.
    
15. At this point, I emphasized the judicial responsibility of this court as a paramount guardian of the juvenile to consider the best interest of juvenile in punishment for the offence he found guilty.
    
16. In view of aforementioned aggravating factors I increase 12 month, to reach the period of 30 months. In considering your early guilty plea I reduce 10 months and for other mitigatory factors, I reduce 8 months altogether 18 months to reach the period of 1 year. Now your sentence reaches to 1 year imprisonment period. According to section 26 (2) (b) of the Sentencing and Penalties Decree sentence which is below two years could be suspended by this court.
    
17. At this point, I draw my attention to the finding of Nawana J in " State v Vilikesa Tilalevu and Savenaca Mataki ( 2010) FJHC 258, HAC081.2010(20 July 2010)) where his lordship Nawana J held "I might add that the imposition of suspended terms on first offenders would infect the society with a situation - which I propose to invent as 'First Oer Syndrome' -160;- where peopled tempt empt to commit serious offences once in life under the firm belief that they would not get imprisonment in custody ey arst offenders. The resultant position is that the the society is pervaded with crimes. Cour Court must unreservedly guard itself against such a phenomenon, which is a near certainty if suspended terms are imposed on first offenders as a rule".
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18. Moreover, I am compelling to give of weight to the your parent attitude on you as I closely observed your behaviors and your your social back ground. I am of the view, that organize rehabilitation process will be able to reform you into a better citizen of this country by giving you vocational training, spiritual guidance and confidence with recognition in future.
    
19. In view of the abovementioned factors and findings of Nawana J in above paragraph, I do not find any compelling reason to suspend your sentence.
    
20. Accordingly, I sentence you one year imprisonment period for the offence of Larceny contrary to section 259 and 262(1) of the Penal Code act 17 to be serve in Nasinu Prison center with training facilities, commencing from 28th of September 2010. Further in term of section 18 (3) of the Sentencing and Penalties Decree you are not eligible for parole within a period of 4 months.
    
21. 28 days to appeal.
    

On this 28th day of September 2010.

R.D.R.Thushara Rajasinghe
Resident Magistrate, Suva.