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State v Tuiverata [2013] FJMC 210; Criminal Case 79.13 (27 May 2013)

IN THE MAGISTRATE COURT OF FIJI
AT TAVUA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 79/13

BETWEEN:

THE STATE

AND:

MARIKA TUIVERATA

Prosecution: PC Dinesh
Accused: In Person

SENTENCE

1. Marika Tuiverata you pleaded guilty to theft contrary to section 291(1) of the Crimes Decree No. 44 of 2009.
   
2. 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. On 12th April 2013 between 6.30am and 5.30pm the complainant (Latchman, 56yrs Labourer of Tagitagi Tavua) tied his goats at his grazing land in the morning and in the afternoon went to check. Upon checking in the afternoon he noticed that his billy goat valued $180.00 was missing. You (Marika Tuiverata) stole the said billy goat and sold the same to one Anandan Krishna for $100.00. You were given $70.00 and $30.00 was to be given later. The matter was reported to police and upon investigations being carried out, you were arrested.
   

After being arrested you then cautioned interviewed and charged accordingly for the alleged offence.

The said goat was voluntarily handed over to police.

5. You mitigated and I take the following in your favour:
   
   • Guilty plea.
   • Remorseful and promised not to appear in court again.
   • Benefit derived from the offence.
     
6. The following features I would regard as aggravating:
   

• Prevalence of offence in community.
  

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)

8. The offending in this case cannot be regarded as a simple theft matter. The courts have always viewed livestock and crop or farm theft as serious because of the public interest factor involved. Most farmers rely on livestock and crops to support and improve their livelihood. Thus the court will not deal leniently with those engaging in livestock, crop or farm theft.
   
9. His Lordship Judge Goundar stated in the recent Labasa case of State v Filipe Ratusuka & 8 Others Criminal Appeal No. HAA001/2013, at paragraph 17 "Farm theft is considered a serious offence because of the value that the commodities bring to the farmer and the community. For this reason, theft of cattle, goats, livestock and root crops from farming community is usually punished by custodial sentences to deter the offenders and others from engaging in this type of conduct in the future (Sateo Tuta v State [2002] HAA 5/02B, Abdul Afiz v State [1990] HAA 0011 & 12/89S, Jone Naca v State HAA016/-02S, Penisoni Waqa v State [2004] HAA 101/04L)."
   
10. In considering the circumstances of the offending in this case I take a starting point of 18 months.
    
11. For the aggravating factors I increase your sentence by 1 month. Your sentence is now19 month's imprisonment.
    
12. For your guilty plea I reduce your sentence by 6 months imprisonment. For other mitigating circumstances I further reduce your sentence by 4 months. Your sentence is now 9 months imprisonment.
    
13. I now consider whether to suspend your sentence. You do not have a colorful past and you have 4 previous convictions for offending similar in nature. You cannot expect the leniency of the court and there are no compelling factors to wholly or partly suspend your sentence.
    
14. Your sentence will not be suspended. I therefore order that you serve an immediate imprisonment of 9 months.
    
15. This sentence should send out a clear warning to others in community who may have similar impulses.
    
16. If Billy goat hasn't been returned to lawful owner, it should be done forthwith.
    
17. 28 days to appeal.
    

__________________________________
Samuela Qica
Resident Magistrate

27th May 2013