Cika v The State [2005] FJHC 155; HAA0048J.2005S (28 June 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
APPELLATE JURISDICTION

Criminal Appeal No: HAA0048 of 2005S

Between:

ISAIA LEDUA CIKA
Appellant

And:

THE STATE
Respondent

Hearing: 24th June 2005
Judgment: 28th June 2005

Counsel: Appellant in Person
Mr. A. Ravindra-Singh for State

JUDGMENT

This is an appeal against a sentence of 5 years for five offences committed by an 18 year old first offender. The grounds of appeal are that the learned Magistrate failed to give adequate weight to good character, youth and the pleas of guilty.

On the 23rd of November the Appellant committed the offence of robbery with violence. He robbed one Umesh Nand of a bag, a wristwatch and cash, to the total value of $40.00. At the time of the robbery, which the Appellant committed with others, he punched the victim.

In Case 2859/04 he stole a mobile phone valued at $399.00, the property of one Saiyad Karim. He stole the phone from the victim’s taxi, while the victim was checking his tyres at the Mobil Service Station at Nabua.

In Case 2860/04, the Appellant stole a lady’s bag valued at $30.00, an umbrella and $50.00 from one Lalita Devi. At the time, the victim was walking along Ratu Mara Road. The Appellant grabbed her handbag and ran.

In Case 2861 of 2004 he was charged with escaping from lawful custody. On the 6th of December 2004, the Appellant was in the custody of PC Uraia Donu at Nabua Police Station, where he was being interviewed for the theft of the mobile phone. He was locked in a cell during a suspension. While another prisoner was being released, he escaped. He was later located in his own home.

In Case No. 52 of 2005, he committed another offence of robbery with violence. This time, on the 20th of August 2004, he robbed one Chen Fung of $500.00 in cash, and a Discman valued at $75.00. The victim ran a bakery in Ratu Mara Road. The Appellant entered the shop with an accomplice and broke the showglass in the shop. His accomplice grabbed the victim’s wife and covered her mouth with his hand. The Appellant took money out of the cash drawer, took the Discman and ran away.

The learned Magistrate sentenced the Appellant on all matters on the 4th of February 2005. He considered the pleas of guilty, the mitigation, and the Appellant’s youth and good character. In respect of the robbery with violence offences he picked a starting point at the lowest end of the tariff, of 4 years. He sentenced him to 5 years imprisonment on Case 2868/04, 4 years imprisonment on 2858/04 (concurrent), 12 months imprisonment on the two charges of larceny and 6 months imprisonment on the escaping charge. All the sentences are to be served concurrently and to run from the 9th of December 2004, which is the date of his remand.

It is apparent from the learned Magistrate’s sentencing remarks that a 2 year discount was given for the plea of guilty, his youth and his good character. Another court might have given him lesser or greater discount. That is irrelevant. The learned Magistrate’s approach was irreproachable. The sentences on all counts are within the tariff for robbery with violence, larceny and escaping. It is unfortunate that the Appellant, who is now only 19, is serving a 5 year term of imprisonment. However, robbery with violence is a serious offence. The Appellant launched upon a course of conduct which would inevitably lead to a prison sentence. There was no avoiding of the consequences of his criminal conduct, despite his youth and good character.

For these reasons, this appeal fails.

Nazhat Shameem
Judge

At Suva
28th June 2005