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State v Singh [2013] FJMC 87; Criminal Case 83.2013 (19 February 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 83/2013

STATE

V

ARTNESH VIKASH SINGH

For Prosecution : - WPC Lata

Accused : - In person

SENTENCE

1. ARTNESH VIKASH SINGH, 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 19/02/2013. You also admitted the summary of facts.
   
3. According to the summary of facts on 30 Jan 2013 the complainant asked you to look after her house. Whilst she was away you stole from that house clothes to the total value of $350.00, the properties of the complainant.
   
4. This Court is satisfied about your plea and convicts you for the above offence.
   

The Law and the Tariff for Theft

5. The section 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 08 months as your starting point.
   

Aggravating factors

8. You were asked to look after the house. By committing this act you have breached the trust. For this I add 04 months to reach 12 months imprisonment.
   

Mitigating factors

9. In your mitigation you said the following points
   
   1. 19 years old
   2. Single
   3. Seeks forgiveness
   4. First offender
      
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 08 months.
    
11. For the above mentioned mitigating factors I reduce another 02 month. Now your final sentence would be 06 months.
    
12. Section 26 (2) (b) of the Sentencing and Penalties Decree gives the power to suspend a sentence which is below two years.
    
13. Considering that you are a first offender as well as your age this Court feels that you need to be given a chance to reform.
    
14. Accordingly I sentence you to 06 months imprisonment and suspend that for 02 years.
    
15. If you commit any offence punishable by prison sentence during the next 02 years you can be charged under section 28 of the Sentencing and Penalties Decree.
    
16. The police recovered only $70 value of the properties. Therefore you are ordered to pay $280.00 as compensation to the victim.
    
17. 28 days to appeal
    

19/02/2013

H.S.P.Somaratne
Resident Magistrate, Navua