State v Tagova [1990] FJHC 8; Hac0001t.1989s (19 January 1990)

IN THE HIGH COURT OF FIJI
At Suva

Suva Criminal Case No. 1/89

THE STATE

V.

JOSESE TAGOVA AND 3 OTHERS

SENTENCE

The accused have been convicted of the offence of Rape. This is an offence for which the law provides a maximum sentence of life imprisonment.

Rape is a very serious offence perhaps the most grave of all sexual offences known to the criminal law of this country. By definition it is an offence that is committed without the consent or agreement of the victim and involves a severe degree of emotional and psychological trauma.

In this case the offence was committed in a particularly cowardly and brazen manner against a household comprised of only women and children.

There is very little that is redeeming about this case which is marked by numerous aggravating features.

For instance the victim was for all intents and purposes a complete stranger to the accuseds; she was repeatedly raped by them and in one instance an iron rod was used; all her assailants acted together in this brutal rape after they had terrorised the household and after they had literally invaded it.

The court also notes disturbing cavalier attitude of the 3 accuseds towards sexual intercourse an act which can be a fundamental means of expressing love for one another and to which society attaches considerable value and importance.

The past records of the accused speak much of their character and unless they really make an effort to change their ways they will all spend a large proportion of their lives behind prison bars.

Till now the accused have shown no remorse persisting in their claims of innocence. This court has a duty to preserve and protect the women of this country from such offence by the imposition of condign punishment.

The sentence of this court is that each of the accused is sentenced to 10 years imprisonment.

Assessors thanked.

(D.V. Fatiaki)
JUDGE

19th January, 1990.

HAC0001T.89S