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State v Satini [2016] FJMC 35; Criminal Case 59.2015 (16 March 2016)

IN THE MAGISTRATES’ COURT OF FIJI
AT TAVEUNI

Criminal Case No: - 59/2015

STATE

V

EPELI SATINI

For the Prosecution: WPC Lani
The Accused : In person
Date of Sentence: 16th of March 2016

SENTENCE

1. EPELI SATINI, you were charged with one count of Theft contrary to section 291(1) of the Crimes Decree.
   
2. You pleaded guilty this morning and also admitted the summary of facts presented by the Prosecution. According to facts on 04/02/2015 you stole 27 yaqona plants from the complainant’s farm to the total value of $1,350.00.
   
3. I am satisfied about your plea and convict you for this offence.
   

The Law and Tariff

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. Considering the gravity of offending I select 06 months as the starting point in your sentence.
   

Aggravating Factors

7. Amount of stolen properties in this kind of rural place is quite substantial and for that I add 03 months to reach 09 months imprisonment.
   

Mitigating Factors

8. You are first offender and married with a child. For these mitigating factors I deduct 02 months to reach 07 months imprisonment.
   

Guilty Plea

9. You pleaded guilty and saved the time and resources of this Court and for that I deduct 01 month to reach 06 months imprisonment.
   
10. Considering your past good behavior and other mitigating factors I believe a non-custodial sentence would be appropriated in this case.
    
11. Therefore I sentenced you to 06 months imprisonment for this offence and this will be suspended for 03 years. If you commit any offences during next 03 years you can be charged under section 28 of the Sentencing and Penalties Decree.
    
12. Also you are order to pay $1,350.00 as compensation to the complainant.
    
13. 28 days to appeal
    

Shageeth Somaratne
Resident Magistrate