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State v Raikoso [2013] FJMC 302; Criminal Case 1446.2013 (14 August 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT SUVA

Criminal Case No: - 1466/2013

STATE

V

JOSAIA RAIKOSO

For Prosecution : - Cpl. Reddy
Accused : - In person

SENTENCE

1. JOSAIA RAIKOSO, you were charged in this Court for one count of Theft contrary to section 291(1) of the Crimes Decree No. 44 of 2009.
   
2. You waived right to counsel and pleaded guilty for this offence on 14/08/2013. You also admitted the summary of facts.
   
3. Summary of facts showed that on 09/08/2013 whilst the complainant was on her way to USP you came from behind and grabbed her mobile and fled. You were arrested at Karsanji Street and the phone was recovered.
   
4. I am satisfied with your plea and convict you for this 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"
   

Aggravating factors

7. There are no aggravating factors.
   

Mitigating factors

8. You submitted following as mitigating factors.
   
   1. 22 years old
   2. Single
   3. Unemployed.
      
9. I select 14 months as my starting point for this count and deduct 04 months for mitigating factors to reach 10 months. For your early guilty plea deduct 1/3 to reach 06 months imprisonment. Since you are not a first offender no discount would be given for your past good behavior.
   
10. This Court has the power to suspend a sentence which does not exceed 02 years under section 26(2) (b) of the Sentencing and Penalties Decree.
    
11. You were given a suspended sentence by Suva MC in C.F. 1021/2013 on 20/06/2013 for a similar offence. Within two months you have reoffended and committed this offence. Therefore there is no need to give you another chance.
    
12. Accordingly I sentence you to 06 months imprisonment for the offence of Theft contrary to section 291(1) of the Crimes Decree.
    
13. 28 days to appeal
    

14/08/2013

H. S. P. Somaratne
Resident Magistrate