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State v Nataurua - Sentence [2017] FJMC 70; Criminal Case 647.2016 (15 May 2017)

IN THE MAGISTRATES’ COURT OF FIJI

AT NAUSORI

Criminal Case No: -647/2016

STATE

V

EPARAMA NATAURUA

For the Prosecution : Sgt.Vilisoni

The accused: In person

Date of Sentence : 15^th of May 2017

SENTENCE

1. EPARAMA NATAURUA, you pleaded guilty this morning to one count of Theft contrary to section 291(1) of the Crimes Decree No 44 of 2009.
2. You also admitted on 06^th July 2016 you stole 3 ducks to the total value of $120.00 from the compound of the complainant.
3. I am satisfied that your plea was made voluntarily and unequivocal. Accordingly I convict you for this charge.
4. 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. In LaisiasaKoroivuki v the State [2013] FJCA 15; AAU0018.2010 (5 March 2013) his Lordship Justice Goundar discussed the guiding principles for determining the starting point in sentencing in the following manner:

"In selecting a starting point, the court must have regard to an objective seriousness of the offence. No reference should be made to the mitigating and aggravating factors at this time. As a matter of good practice, the starting point should be picked from the lower or middle range of the tariff. After adjusting for the mitigating and aggravating factors, the final term should fall within the tariff.

7. Considering the nature of offending and your culpability, I select 05 months as the starting point.
8. The aggravating factor is this is stealing livestock and for that I add 06 months to reach 11 months imprisonment.
9. In your mitigation it was shown that you are 21 years old, first offender, married with a small child. For these I deduct 02 months to reach 09 months imprisonment.
10. You pleaded guilty at the earliest opportunity and for that finally I deduct 1/3 to reach 06 months imprisonment.
11. Considering the young age, past good behavior and family back ground in my view the main purpose of this sentence is the rehabilitation of the accused.
12. Accordingly I suspend this sentence for 03 years.
13. If you commit any offences during next 03 years you can be charge under section 28 of the Sentencing and Penalties Decree.
14. Also you are order to pay $120.00 as compensation to the victim for his stolen properties.
15. 28 days to appeal.

Shageeth Somaratne

Resident Magistrate