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1-year Jail Cut To Three Months For Chicken Thief

1-year Jail Cut To Three Months For Chicken Thief
Grab and run
February 24
19:44 2018

 

A 37-year-old man who stole a frozen number 14 chicken valued at $13 from Pack and Save Supermarket in Nausori last year had his sentence reduced on Monday by the High Court in Suva.

Nemani Talau was charged with one count of theft and sentenced to one year in jail after pleading guilty at the Nausori Magistrates Court on November 27, 2017.

Aggrieved by his sentence, Talau appealed his sentence on the ground that it was excessive in all circumstances.

While delivering judgment on Talau’s appeal, Justice Daniel Goundar said the appellant was working as a cleaner at the time and was earning $120 per week.

Talau expressed remorse, however, the learned Magistrate decided against a suspension because he was not a first offender.

He said the appellant had walked out of a supermarket with a frozen chicken without paying and the chicken was recovered at the scene after he was caught.

He said the value of the stolen property was relatively small and there was no loss to the supermarket when the property was recovered.

Justice Goundar said the learned Magistrate only considered the seriousness of the offence and not the seriousness of the appellant’s actual conduct.

He said the error vitiated the sentencing discretion causing his sentence to be manifestly excessive.

Talau’s appeal against sentence was allowed and the magistrate’s sentence was set aside and substituted with a three month jail term effective from November 27, 2017.

Justice Goundar said a suspension was inappropriate because Talau was a repeat offender.

Edited by Naisa Koroi

Feedback:  fonua.talei@fijisun.com.fj

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