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State v Ratunayauravu [2010] FJMC 9; Criminal Case 111.2010 (9 February 2010)

IN THE RESIDENT MAGISTRATE’S COURT OF SUVA

Criminal Case No: 111 of 2010

STATE

V

TIMOCI RATUNAYAURAVU with another

For Prosecution: Cpl. Reddy
Accused: Present in Person

SENTENCE

1. You, TIMOCI RATUNAYAURAVU, are here, to be sentenced on admission of guilt on your own accord for the offence of Larceny Contrary to Section 259 (1) and 262 (2) of the Penal Code.

2. According to the facts (which you have admitted), on 26th October 2009 you with another, have entered the office of the complainant in the pretext of selling perfumes and whilst your friend engaged in a conversation with PW-2 (who was alone in that office) you have stole the purse of the complainant which contained FJ $ 200 and AUS $ 100 and had ran out of the office allowing your friend to escape.

3. When this case called up in court on 26th January 2010, after waiving your right to counsel you plead guilty for the charge.

4. Maximum sentence for the offence under Sec. 262 (2) is ten years for an offender with a previous conviction. 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).

5. You are a repeat offender. According to the previous convictions list, you have 31 previous convictions ranging from 1995 to 2003. Out of all, 10 previous convictions are less than 10 years old and 3 of those are for Larceny. You have admitted the list.

6. In Viliame Cavuilagi v. State, Crim. App. HAA 0031 of 2004 Winter J has made following comments regarding a repeat offender.

"Repetitive, recidivist of offending must inevitably lead to longer sentences of imprisonment unless the offender can demonstrate special circumstances that motivate the court to sentence otherwise. This principle meets three of society’s needs. Firstly it might act as a deterrent to the offender and others who fall into a pattern of semi-professional crime to support themselves. Second, society is entitled to sideline or warehouse repeat offenders out of the community for longer periods of time so that at least during the term of incarceration they cannot wreck havoc on the lives of law-abiding citizens. Third, offenders deserve punishment that fits the circumstances of the crime".

7. Your previous convictions list shows that you are not a stranger to the Fiji legal system. Your mitigating factors show that you have not misled when pleading guilty to the charge.

8. 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 18 months. Since you have pleaded guilty in the first available instance, you are entitled for 1/3 reduction. Your sentence is now stands for 12 months imprisonment.

9. This particular offence is a group offending. You have used your accomplice to distract the attention of the person who was inside the complainant’s office. If not for a pre-plan, there is no reason for you to bring your friend to that office.

10. Considering the above facts as aggravating factors, I add another four months to your sentence.

11. In mitigation you said that you are willing to pay back the money you stole. You further said that you are remorseful, living with the mother and looking after a family with 2 children. You said that you are self employed and seeking forgiveness of the court. For those mitigating factors I reduce 04 months from the sentence.

12. Your sentence now stands for 12 months imprisonment. I am mindful to the fact that sentences, which are below 2 years, can be suspended. However, it is pertinent to see whether your criminal record warrant such leniency from the court. According to Emosi Betu v. The State HAA58 of 2008 0n 11th November 2008 per Anthony J Sherry J and Talau v. The State 2005 FJHC 212; HAA0078J.2005, on 05th May 2005 per Shameem J, Talau v. The State 2005 FJHC 212; HAA0078J.2005, on 05th May 2005 per Shameem J, for accused with a record of offending in similar manner, suspended sentences are unavailable.

13. You are hereby sentenced to 12 months imprisonment. Starting date of the sentence is set as 26th January 2010, as you are in prison from that particular date.

14. 28 days to Appeal.

On this Tuesday the 09th February 2010

Kaweendra Nanayakkara
Resident Magistrate