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State v Biautuba [2011] FJMC 43; CRC138.2011 (15 March 2011)

IN THE MAHISTRATE'S COURT AT LAUTOKA

Criminal Case No 138/11

BETWEEN

THE STATE

AND

KALABOSO BIAUTUBA

SENTENCE

1. You, Kalaboso Biautuba are to be sentenced upon pleading guilty to the charge of theft contrary to Section 291 of the Crimes Decree.
   
2. The maximum punishment for this offence is ten years imprisonment.
   
3. It was revealed that on the 27th February 2011 at about 2 pm you snatched a ticket book containing $220 and ran away. You were a passenger of a bus where the Complainant was the bus conductor. When you were getting down at Teidamu junction, you snatched the ticket book which was in the Complainant's hand. You threw the ticket book away after taking the money. Later you were arrested by the Police with the help of some passengers of the bus. Only $14 was recovered.
   
4. It is an aggravating factor that you committed this offence during the daytime being a passenger of a public transport. Actions of this nature are a threat to the members of the public and to the public transport services. It appears that you have planned this offence. Although you were arrested the very next day, the Police could not recover more than $14. It does not appear that you have acted as a responsible citizen. The Court has a duty to ensure that the members of the public are safe and they are free to do their lawful businesses without fear.
   
5. In mitigation you said that you are 20 years and unemployed. You asked for forgiveness. You said that you will not re offend. You said you stole the money to pay school fees. But you said that you use the money to buy clothes. I cannot accept this position as you have spent all the money except $14 by the very next day.
   
6. You have no previous convictions and you pleaded guilty at the very out set. In most of the instances the courts give a second chance to offenders who do not have criminal records. How ever Justice Priyantha Nawana stated in State v. Vilikesa Tilalevu and Savenaca Mataki HAC 081 OF 2010;
   

"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 Offender Syndrome' - where people would tempt to commit serious offences once in life under the firm belief that they would not get imprisonment in custody as they are first offenders. The resultant position is that the society is pervaded with crimes. 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."

7. The sentencing and penalties decree sets out the following purposes of sentencing;
   
   1. to punish offenders to an extent and in manner which is just in all the circumstances
      
   2. to protect the community from offenders
      
   100. to deter offenders or other persons from committing offences of the same or similar nature
        
   4. to establish conditions so that rehabilitation of offenders may be promoted or facilitated
      
   5. to signify that the court and the community denounce the commission of such offences
      
8. In the circumstances I pick my starting point in this case as 2 years. For the aggravating factors I mentioned above I enhance the sentence by 6 months. For the mitigatory circumstances I reduce your sentence by 12 months. Accordingly I arrive at a sentence of one year and six months imprisonment.
   
9. Although this could be your first offence, I do not think that you should be treated in a lenient manner given the circumstances of this case. This kind of high handed acts should be nipped in the bud for the safety and well being of the members of the public. Yet I am mindful of the fact that the Court has a duty to allow young offenders like you to rehabilitate yourselves. Therefore I decide to suspend, only a part of your sentence.
   
10. Accordingly I order you to serve six months imprisonment and the balance one year is suspended for 3 years.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka

15.03.2011