State v Lautabui [2002] FJHC 271; HAC009.2001S (2 February 2002)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC009 OF 2001S

STATE

V

LEONE LAUTABUI;
SEMESA ROKO; and
JONASA TONAWAI

Hearing: 14th January 2002
Sentence: 2nd February 2002

Counsel: Mr E. Veretawatini for 1st Accused
Mr R. Matebalavu for 2nd Accused
Mr N. Vere for 3rd Accused

SENTENCE

I have convicted all accused on each count of the Information. Counts 1 and 2 result in a mandatory term of life imprisonment. Counts 3 and 4 of Attempted Murder carry maximum terms of life imprisonment.

The 1st and 3rd Accused have a history of previous convictions and therefore cannot expect leniency from the court. The 2nd Accused is a first offender.

This is the worst case of Attempted Murder to come before the Fiji courts. The planning involved in this shameful incident, and the use of firearms on members of the armed forces and police who were doing their best to contain a violent and volatile law and order problem in a politically unstable time in Fiji’s history, call for a deterrent sentence. Further the evidence of the injuries sustained by Mr Drodrolagi and Mr Delai both of whom were courageously doing their duty as members of the armed forces is clearly evidence of aggravating circumstances. There will probably never be adequate compensation to these officers, for the pain and agony they suffered on the night of the 7th of August 2000.

I do not consider that any of you is less to blame than the others. You went into this plan, carrying firearms, knowing that people would die and be injured if the plan was executed. Your actions showed a callous and cold-blooded disregard for human life.

In all the circumstances I take a sentence of 13 years imprisonment to be the starting point. I give each of you 2 years credit for the 16 months spent in custody and a further reduction of 1 year to the 2nd Accused. The sentences are as follows:

Accused 1	Count 1	Life Imprisonment
	Count 2	Life Imprisonment
	Count 3	11 years imprisonment
	Count 4	11 years imprisonment
Accused 2	Count 1	Life imprisonment
	Count 2	Life imprisonment
	Count 3	10 years imprisonment
	Count 4	10 years imprisonment
Accused 3	Count 1	Life imprisonment
	Count 2	Life imprisonment
	Count 3	11 years imprisonment
	Count 4	11 years imprisonment

All terms are to be served concurrently with each other but consecutive to any term currently being served.

Nazhat Shameem
JUDGE

At Suva
2nd February 2002