BY MELVILLE TITIULU
A man has been sentenced to eight months’ imprisonment for stealing 16 packets of cigarettes and intimidating a market vendor.
The incident occurred at Savo market in West Honiara last year.
Principal Magistrate Felix Hollison delivered his judgement on Monday this week.
Justine Kimo, 27, of Kakabona, North West Guadalcanal, was charged with one count of simple larceny contrary to section 261(1) of the Penal Code and one count of intimidation contrary to section 231(1) of the Penal Code [Cap 26].
Principal Magistrate Hollison in delivering sentence said stealing is morally, biblically and culturally wrong and that is reflected in the criminalization of the offence under our Penal Code [Cap 26].
The offence of simple larceny carries a maximum sentence of five years’ imprisonment.
The court took into account aggravating factors. These included the loss of property for the complainant, the commission of the offence at night, which was a calculated move, the stress involved, and business loss for the complainant who was self-employed as a market vender and the fact that the stolen goods was not recovered and there was no form of restitution.
The court used a starting point of 12 months. It added four months to reflect the aggravating factors to 16 months.
From those 16 months, eight months were deducted to reflect all the mitigating factors such as early guilty plea, remorse, cooperation with the police, and his personal circumstances. Thus, resulting sentence of eight months imprisonment for one count of simple larceny.
For the second count of intimidation, Principal Magistrate was of the view that a custodial sentence is justified, given the use of weapon (stone).
The court used a starting point of eight months imprisonment. It added four months to reflect the aggravating factors, which would give 12 months. Then six months were deducted, reflecting all the mitigating factors such as early guilty plea, remorse, cooperation with the police, and his personal circumstance. Therefore, six months’ imprisonment was given for one count of intimidation.
It follows; the defendant was sentenced to eight months imprisonment for the count of simple larceny and six months imprisonment for one count of intimidation.
However, both sentences run ‘concurrently’ which means the final sentence is eight months imprisonment for both offences.
The ruling also noted the defendant’s time spent in custody should be deducted and that right of appeal applies.
Police constable Sam Gii from the Police Prosecutions Department represented the crown while Mr Harry Luahiti, Senior Legal Officer from the Public Solicitors Office represented the defendant, Mr Justine Kimo.
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