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State v Kelevanua [2013] FJMC 114; Criminal Case 105.2013 (18 March 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 105/2013

STATE

V

PETERO KELEVANUA

SIMIONE TABUANIVALU

For Prosecution : - WPC Maria
1st and 2nd Accused :-In person

SENTENCE

1. PETERO KELEVANUA and SIMIONE TABUANIVALU, you both were charged in this Court for the offence of Theft contrary to section 291 of the Crimes Decree No .44 of 2009.
   
2. You both waived right to counsel and pleaded guilty on 18 March 2013 as well as admitting the Summary of facts.
   
3. According to summary of facts on 15 Feb 2013 you both went to the World Fashion Store in Navau and dishonestly appropriated [stole] items to the total value of $20.00, the properties of Anju Kumar.
   
4. This Court is satisfied about the plea and convicts you both for the above offence.
   

The Law and the Tariff for Theft

5. Section 291 of the Crimes Decree sets down the maximum penalty for this offence as 10 years imprisonment.
   
6. In Jone Saukilagini [2005]FJHC 13 Her Ladyship Justice Shameem held that "the tariff for simple larceny on a first conviction is from two to nine months. In cases of larceny of large amount of money sentence of 18 months to three years have been upheld by the High Court"
   
7. Considering the value of the items in this case I take 06 months imprisonment as the starting point.
   

Aggravating factors

8. You both stole these from a shop. For this shop lifting I add 03 months to reach 09 months.
   

Mitigating factors

9. You both pleaded at the first available opportunity. For that I follow the case of Vilimone v State [2008] FJHC 12; HAA and reduce the sentence by a third to reach 06 months.
   
10. You both were given the chance and submitted as mitigating factors.
    

1st Accused

1. 33 years old
2. Married with 5 children
3. Seeks forgiveness
4. Stolen items recovered
   

2nd Accused

1. 22 years old
2. Single
3. First offender
4. Seeks forgiveness
   

11. For the above mitigating factors I reduce another 02 months to reach 04 months imprisonment.
    
12. This Court has the power to suspend a sentence which does not exceed a 02 years under section 26(2) (b) of the Sentencing and Penalties Decree.
    
13. Considering the value of the items as well as early guilty plea I believe you both can be given a chance to reform. Accordingly I sentence you both to 04 months imprisonment and suspend that sentence for 02 years.
    
14. If you commit any offence punishable by prison sentence during the next 02 years you can be charged under sec 28 of the Sentencing and Penalties Decree.
    
15. The prosecution is ordered to return the stolen items to the lawful owner.
    
16. 28 days to appeal
    

18 March 2013

H.S.P.Somaratne
Resident Magistrate, Navua