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State v Namovi [2013] FJMC 17; Criminal Case 278.2012 (14 January 2013)

IN THE MAGISTRATE COURT OF FIJI
AT TAVUA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 278/12

BETWEEN:

THE STATE

AND:

WAISEA NAMOVI

Prosecution: Cpl Sami
Accused: In Person

SENTENCE

1. Waisea Namovi you pleaded guilty to theft contrary to section 291(1) of the Crimes Decree No. 44 of 2009.
   
2. You waived your right to counsel and opted to represent yourself. You pleaded guilty voluntarily to the charge when it was read and explained. You also accepted the facts.
   
3. The Court is satisfied that your guilty plea is unequivocal and you are convicted as charged.
   
4. The facts are on 17th December 2012 during Cyclone Evans, you and two others were roaming around in town when you noted that the door for MH bulk store was open. You than entered the door, went to the liquor section inside the supermarket and stole from therein assorted liquor and cigarettes as mentioned in the charge, all to the total value of $241.90 the property of MH's store.
   

Employees noted the stolen items missing and reported the matter to police.
Through police enquiries you were arrested and taken to the Police Station. There you were cautioned interviewed for the offence and charged. You admitted the offence to police when interviewed under caution.

5. You have mitigated and I take the following in your favour:
   
   • Guilty plea.
     
   • First offender.
     
   • Sought forgiveness of the court and remorseful.
     
6. The following features I would regard as aggravating:
   
   • Prevalence of offence in community.
     
   • Benefit from the offence.
     
   • Reckless disregard for property rights of MH's.
     
7. Theft under the Crimes Decree carries a maximum imprisonment term of 10 years.

The guideline in case authorities suggest that tariff for theft ranges from 2-9 months for 1st convictions and between 9 – 24 months for 2nd convictions depending on the value of the goods and circumstances of the stealing. (see: State v Saukilagi [2005] FJHC 13; Ronald Vikash Singh v State HAA 035 of 2002).

Sentence

8. In considering the circumstances of the offending in this case, I take a starting point of 9 months.
   
9. For the aggravating factors I increase your sentence by 2 months. Your sentence is now 11 months imprisonment.
   
10. For the mitigation including your guilty plea I reduce your sentence to 3 months imprisonment. This being your first offence and other mitigating circumstances I further reduce your sentence to 2 months. Your final sentence is now 6 months imprisonment.
    
11. To give effect to the principle of deterrence you are sentenced to 6 months imprisonment.
    
12. I now consider whether to suspend your sentence. You've a first offender and remorseful for your actions. In the Courts opinion you should be given another opportunity to reform yourself. It would be appropriate to suspend your sentence.
    
13. Your sentence of 6 months will be suspended for 2 years.
    
14. If you commit any offence within the operational period of 2 years, you'll be charged for breaching this suspension order and if convicted you'll be made to serve the 6 months imprisonment term with any punishment imposed in that other offence.
    
15. In addition to the above sentence I also order that you pay a fine of 3 penalty units ($300.00).
    
16. The court is giving you 30 days in which to pay your fine. In default of fine payment 30 days in prison.
    
17. Matter to be reviewed in 30 days.
    
18. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

14th January 2013