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State v Sharma [2016] FJMC 160; Criminal Case 394.2016 (20 June 2016)

IN THE MAGISTRATE'S COURT

AT NAUSORI

IN THE REPUBLIC OF FIJI ISLANDS


Criminal Case No: 394/16

State

V

Ravindra Deo Sharma

Prosecution : Sgt Rao

Accused : Present – In Person

Sentence

Introduction

Ravindra Deo Sharma, was charged with Causing a Loss, contrary to Section 324 (1) of the Crimes Decree. The Particulars of Offence are as follows:
Ravindra Deo Sharma between 25^th day of September 2011 and 24^th day of October 2011 at Nausori in the Central Division, dishonestly cause a loss to Pranil Davendra Deo by taking $1500.00 and never give his piece of land.

The accused chose to defend himself. He pleaded guilty to the offence. He admitted the statement of facts.

The Law

324.—(1) A person commits a summary offence if he or she does anything with the intention of dishonestly causing a loss to another person.

Penalty — Imprisonment for 5 years.

The Tariff

Is a "new" offence no tariff has been set but in Maciu Jimi HAC 19 of 2011(Lbsa), Goundar J. said that as an offence of general dishonesty it should be sentenced within the range of 18 months to three years depending on the amount being lost.

Mitigation

The Accused stated in Court that he is 48 years, driver, the land was his grandmothers and proposed to pay $200 to the victim.

The Sentence

This Court takes a starting point of 18 months. For the guilty plea, mitigation and time spent in custody this court gives 6 months discount. The accused is not a first offender to deserve any other credit. That is also a reason this sentence will not be suspended.

The accused is sentenced to 12 months imprisonment. Previously he was let out lightly and he had not learnt his lessons. Custodial sentence is the only option for the Court as the accused has not rehabilitated after other similar offending.

Any party aggrieved with this sentence can appeal to the High Court within 30 days.

Chaitanya Lakshman

Resident Magistrate

20^th June/2016