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State v Yakamoce [2013] FJMC 59; Criminal Case 36.2013 (4 February 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 36/2013

STATE

V

VILIAME YAKAMOCE

For Prosecution : - Sgt . Lenaitasi

Accused : - In person

SENTENCE

1. VILIAME YAKAMOCE, you were charged in this Court for the offence of Theft contrary to section 291 of the crimes Decree.
   
2. You waived right to counsel and pleaded guilty to the charge on 04/02/2013. You also admitted the summary of facts.
   
3. According to the summary of facts on 30/12/2012, at Naitonotoni, Navua you stole groceries of the complainant to the total value of $14.69.
   
4. This Court is satisfied about your plea and convicts you for the above offence.
   

The Law and the Tariff for Theft

5. The sec 291 of the Crimes Decree sets down the maximum penalty for this offence as 10 years imprisonment.
   
6. In Waisale Vakarauvanua v State (2004) FJHC 116 it was held that the tariff for theft would be 2-9 months.
   
7. Considering the facts in this case I take 06 months as your starting point.
   

Aggravating factors

8. There are no aggravating factors in this case. Therefore your sentence would stand at 06 months.
   

Mitigating factors

9. In your mitigation you said the following points
   
   1. 23 years old
   2. Married with a child
   3. Seeks forgiveness
   4. Remorseful
   5. First offender
   6. Stolen properties were recovered
      
10. For pleading guilty at the first available opportunity I follow the decision of Akili Vilimone v State and reduce your sentence by 1/3. Now your sentence would be 06 months.
    
11. For the other mitigating factors I reduce another 02 month. Now your final sentence would be 04 months.
    
12. I can suspend a sentence which does not exceed a 02 years under section 26(2) (b) of the Sentencing and Penalties Decree.
    
13. I believe you need to be given a chance for the following reasons.
    
    1. You are a first offender
       
    2. All the stolen properties were recovered
       
    100. Your family would face hardship
         
    4. You saved the Court's resources by pleading guilty in the first chance you got
       
    5. The value of the amount is small
       
14. Accordingly I sentence you to 04 months imprisonment and suspend that for 01 year.
    
15. If you commit any offence punishable by prison sentence during the next 01 year you can be charged under sec 28 of the Sentencing and Penalties Decree.
    
16. 28 days to appeal
    

04/02/2013

H.S.P.Somaratne
Resident Magistrate, Navua