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State v Tape [2016] FJMC 75; Criminal Case 703.2016 (8 July 2016)

IN THE MAGISTRATES’ COURT OF FIJI

AT SUVA

Criminal Case No: - 703/2016

STATE

V

AMENA TAPE

For the Prosecution: Cpl Shaw

The Accused: In person

Date of Sentence: 08^th of July 2016

SENTENCE

1. AMENA TAPE, you were charged with one count ofTheft, contrary to section 291(1) of the Crimes Decree.
2. You pleaded not guilty for this offence wherefore this proceeded for hearing this morning. But after the complainant gave evidence, you wanted to change your plea. After the charge was read, you pleaded guilty and admitted to the summary of facts.
3. According to facts on 27/04/2016 the complainant was working as a bouncer in Friends Night Club and gave his mobile phone to be charged. You were drinking there. You gave your phone also and after charging took his mobile phone with you.
4. I am satisfied about your plea and convict you for this offence.
5. Maximum penalty for Theft is 10 years imprisonment.
6. 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.

7. Facts show this is more of act of opportunity than a planned crime. Therefore I select 06 months as the starting point for your sentence.
8. There are no aggravating factors and mitigating factors are married with wife pregnant, seeking forgiveness and first offender. For these I deduct 02 months to reach 04 months imprisonment.
9. In UK Guilty Plea guidelines of 2007 it has been held that when an accused pleaded guilty at the first available opportunity the reduction is 1/3 and after a trial date is set 1/4 recommended. But when an accused pleaded guilty at the door of the court or after the trial has started he maybe entitle for only 1/10 discount.
10. You denied this charge which led to the prosecution to call the witnesses. Only after hearing the testimony of the complainant you changed your plea. The purpose of giving reduction for a guilty plea is to concede the saving the resources of the court. But in this case your late guilty plea has not made much difference and therefore I am not going to give discount for that.
11. Now your final sentence is 04 months imprisonment. As noted earlier this stealing is more of act of opportunity than a planned one. Also you do not have any adverse record. Therefore allowing a chance for you to rehabilitate, I suspend your 04 months imprisonment to 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. During the hearing it was also revealed that the complainant could not recover his phone which is valued at $400.00. The complainant being a bouncer in a night club and working in the night, this phone was an essential item to communicate with his home which you deprived him by your action.
14. Accordingly you are order to pay $400.00 as compensation to the complainant.
15. 28 days to appeal.
    

Shageeth Somaratne

Resident Magistrate