Power tools thief gets suspended sentence
Aman, 23, who was charged for stealing a set of power tools in 2023 was handed a suspended sentence at the High Court in Suva.
Shivnesh Lal was charged with one count each of aggravated burglary and theft.
Lal appeared with his accomplice Nilesh Niraj Prasad, who although was charged with the same counts, pleaded not guilty.
They appeared before High Court Judge Riyaz Hamza on March 28.
It was heard that on March 24, 2023, at Rakiraki, the duo trespassed and stole power tools worth approximately $2253 from Anne de Nada’s house.
It included a Kawasaki brushcutter, circular saw, heavy duty sander machine, jig saw and a welding plant.
The complainant, Ms de Nada, 80, is a Canadian national who owns the house at Nananu-i-Ra.
Judge Hamza, while reading the ruling, said the summary of facts provided by the State Prosecution outlined three witnesses who testified against the duo.
This included the complainant, caretaker of the house and a worker.
Judge Hamza acknowledged Lal’s decency in pleading guilty to the charges from the start. Considering the factors of the circumstance, Judge Hamza deemed the level of harm of this case as low.
He then commenced his sentence to three years imprisonment for the first count and two years for the second count.
The aggravating factors by the state included the fact that such a case was prevalent in society, the two accomplices disregarded the property rights of Ms de Nade and that a great deal of pre-planning was committed in this offense. However, in mitigation, the court found that Lal was a first offender who returned the stolen items and entered a guilty plea from the beginning of the proceeding.
The court also found that he fully complied with the Police and was remorseful of his actions.
Lal was the sole breadwinner looking after his 44-year-old mother and 17-year-old sister; he is employed as a carpenter and earning $180 per week.
Judge Hamza found that there was a high chance of rehabilitation for Lal as he remained in custody from March 29 to June 16, 2023, where he was then granted bail. The court ordered the two sentences be served concurrently, totaling his term to three years. Judge Hamza told the court in order to deter other persons from committing other offences of similar nature and to protect the community, the three year term was suspended.
Should he breach the suspension, Lal will be held liable to his charges.
He was given 30 days to file an appeal with the Fiji Court of Appeal.