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State v Verevou [2012] FJMC 321; Criminal Case1559.2012 (29 November 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF FIJI
AT SUVA

Criminal Case No: 1559/12

STATE

V

ALANIETA VEREVOU

Prosecution : Cpl Reddy, Police Prosecutor.
Accused : Appeared in person.

SENTENCE

1. You, Alanieta Verevou is here today to be sentenced following the admission of 'guilt' on your own accord and free will in this Court on 09.11.2012, for committing the offence of 'Theft' contrary to Section 291(1) of the Crimes Decree No 44 of2009.
   
2. You waived the right to have legal representation in Court.
   
3. The agreed facts show that you have dishonestly appropriated Ms Asena Tuvukona's laptop on 02.11.2012 and pawned it for $ 200. Further it was submitted during the Court session that you and Ms Asena worked together as sales agents of a company.
   
4. In fact the laptop of Ms Asena was forgotten in your vehicle that day. Ms. Asena reported the matter to the police and thereafter you were arrested on suspicion. The alleged offence of theft was admitted during the caution interview and the item was recovered. It was submitted that the value of the stolen item was $ 1299.
   
5. The aforesaid Summary of Facts was admitted by you on your own free will.
   
6. The Court convicts you for the offence you were charged with.
   
7. The offence of 'Theft' under the Crimes Decree 2009 is similar to the offence of 'Larceny' under Sections 259 and 262 of the Penal Code Act, Chap 17, which is now repealed.
   

(i) According to Section 291 of the Crimes Decree 2009, the offence of 'Theft' attracts a Maximum Sentence of 10 years imprisonment.

(ii) The Tariff for the afore-stated offence 'Larceny' is between six (06) months to twelve months (12) imprisonment. (Kaloumaira v State, 2008 FJHC 63; Manasa Lesuma v State, 2004, FJHC 490)

(iii) In the case of Tikoitoga v State [2008] FJHC 44; HAM088.2007 (18 March 2008) the tariff was held to be 18 months to 3 years.

(iv) The tariff for 'simple larceny', with a previous conviction of a felony, was held to be over 9 months. (per Shameem J in Vaniqi v State [2008] FJHC 348; HAA080.2008 (12 December 2008)

(v) It was held in the case of State v Chaudary [2008] FJHC 22; HAC 69.2007, 70.2007 & 71.2007 (19 February 2008) that the tariff is be at least one year of imprisonment for a first offender of Larceny.

8. Accordingly in this case, 09 months imprisonment taken as the starting point for your sentence.
   

AGGRAVATING FACTOR

9. As mentioned you two were friends before the incident. Breach of trust aggravates the degree of your offence. Thus 6 months is added to your sentence. The sentence now stands at 15 months.
   

MITIGATING FACTORS

10. In mitigation, you stated to Court that you are 43 yrs old; married with 6 children; remorseful; first offender; promised not to reoffend.
    
11. Recovery of stolen items is always not a ground for mitigation. There is a difference between an accused person who co-operated with the investigators to recover the stolen items and an accused person who did not have time to dispose the stolen items. First category offenders should get some deduction and leniency for their subsequent co-operation.
    
12. In this case I am of the view that you belong to the first category as it was recovered after recording your caution interview.
    
13. The Court observes that you have pleaded guilty before a full hearing of the case hence you are entitled for a reduction of 5 months of your term of imprisonment which now stands to 10 months.
    
14. Further I reduce three months for above personal circumstances and previous good character.
    
15. Therefore, your final term of imprisonment stands at 7 months.
    
16. The Court is mindful of the fact that a sentence below two (02) years could be suspended in terms of Section 26(2)(b) of the Sentencing and Penalties Decree 2009,
    
17. You are a first offender. Section 15(3) of the Sentencing and Penalties Decree states that sentences of imprisonment should be regarded as the sanction of last resort.
    
18. Act of you can be undoubtedly classified under the heading of 'opportunistic crime'.
    
19. In view of the above findings, the Court decides to give you another opportunity by suspending the final sentence.
    
20. Accordingly, Alanieta Verevou today you are sentenced to 7 months imprisonment and it is suspended for two years.
    
21. If you commit any offence during the suspension period of 2 years and if found guilty by a Court of Law you are liable to be charged and prosecuted for an offence pursuant to section 28 of the Sentencing and Penalties Decree 2009.
    
22. The stolen item may be released to the lawful owner forthwith.
    
23. Twenty eight (28) days to appeal.
    

Pronounced in open Court,

Yohan Liyanage
Resident Magistrate

29th November 2012