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State v Kumar [2013] FJMC 173; Criminal Case 550.13 (25 April 2013)

IN THE RESIDENT MAGISTRATE'S COURT
AT SUVA
IN THE REPUBLIC OF FIJI ISLANDS

Criminal Case No: 550/13

State

V

Krishneel Dipak Kumar

Prosecution: PC Pauliasi, Police Prosecutor.
Accused: In person.

SENTENCE

Krishneel Dipak Kumar you are today being sentenced for the following charges:

First Count

Statement of Offence (c)

APPROPRIATION OF PROPERTY: Contrary to Section 293(1)of the Crimes Decree Number 44 of 2009.

Particular of offence (b)

KRISHNEEL DIPAK KUMAR, on the 19th day of March, 2013, at Suva, in the Central Division, without colour of right appropriates [stole] and unlawfully drove private vehicle registration number BN 124, the property of Sarwan Singh.

Second Count

Statement of Offence (c)

THEFT: Contrary to Section 291(1)of the Crimes Decree Number 44 of 2009.

Particular of offence (b)

KRISHNEEL DIPAK KUMAR, on the 19th day of March, 2013, at Suva, in the Central Division, dishonestly appropriated [stole] 2 x Sony Speakers valued at $200.00 and 1 x Sony Stereo valued at $300.00, all to the total value of $500.00, the property of Sarwan Singh.

Third Count

Statement of Offence (c)

APPROPRIATION OF PROPERTY: Contrary to Section 293(1)of the Crimes Decree Number 44 of 2009.

Particular of offence (b)

KRISHNEEL DIPAK KUMAR, on the 23rd day of March, 2013, at Suva, in the Central Division, without colour of right appropriates (stole) and unlawfully drove private vehicle registration numbers ES 812, the property of KUMARI RANJEENI.

Fourth Count

Statement of Offence (c)

THEFT: Contrary to Section 291(1)of the Crimes Decree Number 44 of 2009.

Particular of offence (b)

KRISHNEEL DIPAK KUMAR, on the 23rd day of March, 2013, at Suva, in the Central Division, dishonestly appropriated [stole] 2 x Pioneer Speakers valued at $200.00 and 1 x Pioneer Radio valued at $500.00, all to the total value of $700.00, the property of KUMARI RANJEENI.

Fifth Count

Statement of Offence (c)

DAMAGING PROPERTY: Contrary to Section 369(1)of the Crimes Decree Number 44 of 2009.

Particular of offence (b)

KRISHNEEL DIPAK KUMAR, on the 23rd day of March, 2013, at Suva, in the Central Division, willfully and unlawfully damaged the Radio and Speakers for car registration numbers ES 812 valued at $400.00, the property of KUMARI RANJEENI.

You elected to represent yourself. You have pleaded guilty to all the charges (counts) that were put to you on your own free will. The Statement of facts was put to you and you on your own free will admitted the facts.

The maximum sentence for theft and appropriation of property is 10 years imprisonment and 2 years for damaging property.

The Tariff for Theft is between 12 months to 3 years. Krishneel you are not a first offender and you are a repeat offender and this Court notes that you have been previously sentenced for similar offending. While you have served those sentences you do not seem to learn your lessons. This Court will take 3 years as starting point for theft and appropriation offences.

For your early guilty plea this Court gives you 1 year discount. For the time you have spent in custody and mitigation you get further 3 months discount. For each count of appropriation and theft you will serve 21 months imprisonment.

Counts One to Four – 21 months each – concurrent.
Count Five – 6 Months – concurrent to other counts.

You are expected to respect others property and after serving you term to rehabilitate or the better part of your life will be spent in custody.
28 days to appeal.

Chaitanya Lakshman
Resident Magistrate
25th April 2013.