State v Cama - sentence [1994] FJHC 38; HAC0035t.1993s (21 April 1994)

IN THE HIGH COURT OF FIJI
(AT SUVA)
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 35 OF 1993

BETWEEN:

STATE

-v-

AMANI CAMA
MATAIASI TAIKIKO
ISIMELI SALABOGI
VARAYAME DRE
RAVUAMA VAINI

CHARGE: Rape: Contrary to Sections 149 & 150 of the Penal Code, Cap. 17.

Mr. J. Hook for the State
The Accused in person.

SENTENCE

In this case it is clear to me that the complainant was subjected to severe pain and humiliation before she was sexually assaulted and it was done in circumstances which were most demeaning and pitiful. There is very little one can say by way of mitigation for the Accused.

The complainant an innocent 15 year old was going about doing her own task when in broad day light she was to suffer the humiliation and agony she will never be able to forget through out her life. She was treated in the most undignified and cruel manner. No doubt, alcohol played a large part in this sorry and sordid state of affairs, but that can be no real excuse in such a serious matter as rape.

Offences of rape have become too contagious and prevalent in our society and undoubtedly is increasing at an alarming rate. It is clear that women must be protected from lustful and thoughtless men. A deterrent sentence is clearly called for. Salaseini has lost her virginity to these lustful and thoughtless men, an episode in her life which she has to carry for the rest of her life.

A deterrent sentence is clearly called for.

I have noted your previous convictions which do not speak too well for you. Unless you learn from your errors in the past and your error now, the future must look very gloomy for you and your family.

This court will always treat every case of rape very seriously more so when it is a "gang rape" like the one in this case. I have taken into account that 1A is a first offender but this serious offence calls for severe penalty.

The Sentence of the Court is that each of the five accused is sentenced to 8 years imprisonment.

It remains for me to thank you, Lady & Gentlemen Assessors for participating in this trial and for your assistance to this court. On behalf of this Court and myself and the public at large, I sincerely thank you.

R.A. 28 days.

S W Kepa
JUDGE

21st April, 1994

HAC0035T.93S