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State v Valasiri [2012] FJMC 327; Criminal Case 1043.2011 (3 December 2012)

IN THE MAGISTRATE'S COURT OF FIJI
WESTERN DIVISION AT NADI
CRIMINAL JURISDICTION

CRIMINAL CASE NO.1043/11
1277/12

THE STATE

VS

SEVANAIA VALASIRI

Sgt. Naidu for prosecution
Accused in person
Date of Sentence: 3.12.2012

SENTENCE

[1] You were charged with one count of THEFT contrary to section 291 [1] of the Crime Decree No.44 of 2009 and one count of absconding bail and fail to surrender to custody contrary to sections 25 (1) (a) and 26 (2) (1) of the Bail Act.

[2] You pleaded guilty to the charges when the charges were read and explained to you and after you confirmed that you understood the charge. You told that was your free will.

[3] A summary of facts was submitted by the prosecution, which was put to you and you admitted the facts stated therein. The prosecution handed up a copy of it to court.

[4] I have reviewed the facts against the particulars of the offences charged in this case, and I am satisfied that it supports the elements of the charges in the information laid against you by the prosecution.

[5] Therefore I convict you as charged on both counts.

[6] The facts of the case are that on or about 24th November 2011 at Malolo District School you stole a wooden box containing cash of $200.00, the property of Tevita Sadrata, Solevu village chairman, Malolo Island. On that day the wooden donation box was kept outside the school verandah padlocked for collections from the tourists, you forced open and stole the money therein and kept it again as it was. Further, you failed to re-appear in court on 22 March 2012 without any reasonable cause after being released on bail.

[7] Stealing at Educational Institution, total disrespect of the property right of the complainant and the law aggravated the offence.

[8] Mitigations were that your personal circumstances, guilty plea, previous good character and remorse.

The sentence:

[9] The offence 'Theft' carries a penalty of 10 years imprisonment according to section 291-(1) of the Crimes Decree 2009.

[10] The offence of 'Theft' under Crimes Decree 2009 is similar to offence of 'Larceny' under sections 259 and 262 of the Penal Code Act, Chap 17, which is now repealed.

1. The Tariff for the offence 'Larceny' is between 06 months to 12months imprisonment. (Kaloumaira v State, 2008 FJHC 63; Manasa Lesuma v State, 2004, FJHC 490)
   
2. In the case of Tikoitoga v State [2008] FJHC44; HAM088. 2007 (18 March 2008) the tariff was held to be 18 months to 3 years.
   
3. It was held in the case of State v Chaudary [2008] FJHC 22; HAC 69.2007, 70.2007 & 71.2007 (19 February 2008) the tariff is be at least one year of imprisonment for a first offender of Larceny.
   

[11] Considering all in your case for theft I take 18 month imprisonment as my starting point. I add 6 months to reflect the aforesaid aggravating factors. You pleaded guilty in first available opportunity. I therefore deduct 8 months to reflect your early guilty plea. I further deduct 5 months for your previous good character. I also discount another three months in view of your mitigation and period spent in custody. You are in remand custody since 22 November 2012. Hence your final sentence for theft is 8 months imprisonment.

[12] Maximum for absconding bail is 12 months imprisonment or $1000.00 fine. In mitigation you said that you could not make on 22 March 2012 as you lost the chit you had noted the court date. I considering all fix your sentence at 3 months for absconding bail.

[13] These sentences are to be served concurrently with each other hence in total you have to serve 8 months imprisonment.

[14] You deserve to be punished for the offence you had committed. You stole at an educational institution. Custodial sentence is warranted by the nature of the offence. I therefore decline to suspend the sentence although you are a young first offender. The sentence must act as deterrent not only to you but also to other likeminded.

[15] Twenty eight (28) days to appeal.

ORDER

[16] I make the following order:

1. SEVANAIA VALASIRI, you are hereby sentenced to 09 months imprisonment
   

..............................................
M H MOHAMED AJMEER
Resident Magistrate

Dated at Nadi this 3rd day of December 2012.