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State v Bakewa [2012] FJMC 189; Criminal Case 237.2012 (9 July 2012)

IN THE MAGISTRATE'S COURT
IN THE REPUBLIC OF FIJI ISLANDS
AT SIGATOKA

Criminal Case No: 237/12

STATE

V

SIKELI BAKEWA
(1st accused)

PENIJAMINI NARUMA
(2nd accused)

Prosecution: WPC Chanika, Police Prosecutor.
Accused: Both in person.

SENTENCE

1. SIKELI BAKEWA (1st accused) and PENIJAMINI NARUMA (2nd accused) both of you are today being sentenced following the admission of 'guilt' on your own free will and accord in this Court, for the offence of Theft' contrary to Section 291 (1) of the Crimes Decree 2009.

2. You both elected to represent yourself. The statement of facts was put to you and you freely admitted the facts. You both have admitted in this Court dishonestly appropriating bullock valued at $600 the property of Esala Nalobo. You both have mitigated which this Court has considered.
3. The maximum sentence prescribed under Section 291 of the Crimes Decree No 2009 for the offence of “Theft” is imprisonment for 10 years.

4. This Court has noted the case law on sentence precedents for Theft where the 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.

In Chand vs State [2007] FJHC 65; HAA 30.2007 (11 October 2007) Mataitoga J, affirmed that the tariff for larceny is in the range of 2 to 3 year imprisonment below:

"Again this was not harsh and excessive sentence, when you consider the tariff for this offence is in the range 2 to 3 year imprisonment. The maximum sentence for this is 10 years for the appellant given his previous conviction for felony".

This Court takes the tariff for theft as en 2 to 3 years.

This Court takes 3 years as the starting point for theft of the bullock.

Accused #1 - SIKELI BAKEWA –

This Court notes your guilty plea on the 1st available opportunity and your mitigation, for this Court gives you 1 year discount. This Court does not increase your sentence for any aggravating factors. You are not a 1st offender, so no credit is given for your character and also for that reason this court will not consider suspending your sentence. Theft of Livestock is prevalent in agricultural communities, a deterrent sentence is warranted.

Sikeli Bakewa you are sentenced to 2 years imprisonment.

Accused # 2 -PENIJAMINI NARUMA

This Court notes your guilty plea on the 1st available opportunity and your mitigation, for this Court gives you 1 year discount. This Court does not increase your sentence for any aggravating factors. You are a 1st offender. The Court has considered suspending your sentence but will not suspend the full sentence as the message to even 1st time offenders stealing livestock is that you will be given custodial sentences if you steal others livestock. Penjamini you will serve a prison term of 3 months. The rest of the 1 year 9months term is suspended for 2 years.

Penijamini Naruma your sentence is immediate 3 months sentence and rest of sentence being 1 year 9 months is suspended for 2 years.

If you both are not satisfied with the sentence of this Court you have the right to Appeal to the High Court within 28 days from the date of this Sentence.

Chaitanya Lakshman
Resident Magistrate
9th July 2012