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State v Lewnirabe [2015] FJMC 28; Criminal Case 38.2015 (27 February 2015)

IN THE MAGISTRATES COURT OF FIJI
AT TAVEUNI
Criminal Case No: - 38/2015

STATE

V

SEMI LEWNIRABE

Sgt.Epeli for the prosecution
The accused in person
Date of Sentence :27 February 2015

SENTENCE

1. SEMI LEWANIRABE , you were charged in this Court for one count of Theft contrary to section 291(1) of the Crimes Decree.
   
2. You pleaded guilty for this charge on 25 February 2015 and also admitted the summary of facts presented by the prosecution.
   
3. According to summary of facts on 07 February 2015 at Nalele, Taveuni you stole dried yaqona to the value of $700.00 the property of Dhirendra Kumar.
   
4. I am satisfied that your plea was unequivocal and convict you for this offence .
   
5. The maximum penalty for Theft is 10 years imprisonment.
   
6. In Ratusili v State [2012] FJHC 1249; HAA 011.2012(1 August 2012)his Lordship Justice Paul Madigan summarized the tariff for Theft in the following manner .
   

"From the cases then the following sentencing principles are established:

(i) For an offence of simple theft& the sentencing rangerange should be between 2 and 9 months

(ii) Any subsequent offence should attractnalty of at least 9 months

(iii) Theft; of large sums oums oums of money and thefts in breach oft,rusether firr first offence or not can attract sentences up to three years

(iv) Regard should b to n of tlationstionship between offender and the victim

(v) Pla) Planned&nned thefts will attract greater sens nces than opportunistic thefts;."

7. I find no aggravating factors in this case .
   
8. Mitigating factors 27 years old , single, seeks forgiveness and stolen items recovered.
   
9. Considering that you got convictions for similar offences previously I 18 months as my starting point and deduct 03 months for mitigating factors to reach 15 months. For pleading guilty at the first opportunity I deduct 1/3 to reach 10 months imprisonment.
   
10. You are in custody for 15 days and pursuant to section 24 of the Sentencing and Penalties Decree I deduct that period to reach 09 months 15 days imprisonment.
    
11. Considering your past convictions for similar offences I would not suspend this sentence.
    
12. Accordingly you are sentenced to 09 months 15 days imprisonment for the offence of Theft contrary to section 291(1) of the Crimes Decree.
    
13. 28 days to appeal
    

H.S.P.Somaratne
Resident Magistrate