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State v Nanau [2015] FJMC 119; Criminal Case 1880.2015 (17 November 2015)

IN THE MAGISTRATES’ COURT OF FIJI
AT SUVA

Criminal Case No: - 1880/2015

STATE

V

JOHN NANAU

For Prosecution: PC Joshua
The Accused: Ms. Mishra(LAC)
Date of Sentence: 17th of November 2015

SENTENCE

1. JOHN NANAU, you were charged in this Court for two counts of Theft contrary to section 291(1) of the Crimes Decree.
   
2. You pleaded guilty to this charge and also admitted the summary of facts presented by the Prosecution. According to the facts on 13/11/2015 at MHCC Supermarket in Suva you stole 1x Crest Chicken No 24 valued at $28.95. On the same day you also stole 14x Ladies Bula Top to the total value of $349.86 from the MHCC Supermarket.
   
3. I am satisfied that your plea made without any inducement or threat and you fully understand the legal consequences .Accordingly you are convicted for this charge.
   
4. The maximum penalty for Theft is 10 years imprisonment.
   
5. The tariff was outlined in the case of Ratusili v State [2012] FJHC 1249; HAA011.2012 (1 August 2012) where his Lordship Justice Madigan said:
   

(i) for a first offence of simple theft the sentencing range should be between 2 and 9 months.

(ii) any subsequent offence should attract a penalty of at least 9 months.

(iii) Theft of large sums of money and thefts in breach of trust, whether first offence or not can attract sentences of up to three years.

(iv) regard should be had to the nature of the relationship between offender and victim.

(v) planned thefts will attract greater sentences than opportunistic thefts.

6. There are no aggravating factors in this case.
   
7. Mitigating factors are early guilty plea, first offender; an item recovered, co-operated with the police and seeks forgiveness.
   
8. Considering the gravity of offending, I select 06 months as starting point for each count and deduct 04 months for all the mitigating factors to reach 02 months imprisonment. Considering these were committed in same transaction I made these concurrent.
   
9. You are a young first offender and pleaded guilty at the first available opportunity. Therefore for the purpose of rehabilitation I suspend this sentence for 01 year.
   
10. If you commit any offences during next 01 year you can be charged under section 28 of the Sentencing and Penalties Decree.
    
11. 28 days to appeal
    

Shageeth Somaratne
Resident Magistrate