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State v Qereqeretabua [2016] FJMC 111; Criminal Case 1215 of 2016 (8 August 2016)

IN THE MAGISTRATES’ COURT OF FIJI

AT SUVA

Criminal Case No: - 1215/2016

STATE

V

AKAPUSI QEREQERETABUA

For the Prosecution : WPC Fisher

The Accused : In person

Date of Sentence : 08^th of August 2016

SENTENCE

1. AKAPUSUI QEREQERETABUA, you were charged with one count of Theft, contrary to section 291(1) of the Crimes Decree.
2. You pleaded guilty and admitted the summary of facts presented by the Prosecution. According to facts on 21/07/2016 you stole a money box containing $15.00 from a Raiwaqa Bus when it was parked to pick the passengers. You were arrested by the driver after a chase and the money box was recovered.
3. I am satisfied about your plea was voluntarily and unequivocal .Accordingly I convict you for this offence.
4. Maximum penalty for Theft is 10years 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. This was more of act of opportunity than a planned offence and accordingly I select 05 months imprisonment as the starting point.
7. The aggravating factors are stealing from as public service transport provider and you were drunk at that time and for these I add 03 months to reach 08 months imprisonment.
8. In your mitigating you submitted that you are 23 years old, single, first offender and remorseful of your behavior. Further you cooperated with the police by admitting this offence during your caution statement and also the stolen item was recovered. For these mitigating factors I deduct 03 months to reach 06 months imprisonment.
9. When an accused pleaded guilty at the first available opportunity 1/3 deduction is given to concede saving of court time and resources. Following this principle, I also deduct 1/3 from your sentence to reach 04 months imprisonment.
10. Considering your early young age, past good behavior, value of the stolen property I find the main purpose of this sentence should be to give a chance to rehabilitate.
11. AKAPUSUI QEREQERETABUA, I sentence you to 04 months imprisonment for the offence of Theft contrary to section 291(1) of the Crimes Decree and suspend this for 02 years.
12. If you commit any offences during next 02 years you can be charge under section 28 of the Sentencing and Penalties Decree.
13. 28 days to appeal.
    

Shageeth Somaratne

Resident Magistrate