State v Boila - sentence [2005] FJHC 254; HAC0032S.2004S (29 August 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC0032 of 2005S

STATE

v.

SENIJIELI BOILA; and
PITA NAINOKA

Hearing: 24th August – 29th August 2005
Sentence: 29th August 2005

Counsel: Ms P. Madanavosa for State
Accused in person

SENTENCE

Senijieli Boila and Pita Nainoka, you are both convicted of armed robbery. Senijieli Boila is also convicted of unlawful use of motor vehicle. Pita Nainoka pleaded guilty on the first day of trial. Senijieli Boila was found guilty after a three day trial.

Robbery

The tariff for robbery with violence is 4 to 7 years. This is a case of robbery with the use of a cane knife of a large sum of money. I choose a starting point of 6 years. In the case of Pita Nainoka I take into account your guilty plea (although it was not an early guilty plea) and the remorse you have expressed. I reduce your sentence to 4 years imprisonment. The aggravating factors were the value of the money and its non-recovery, the actual violence inflicted on Aminiasi Solomoni, the planning and pre-meditation, and the involvement of four men. This robbery undoubtedly was traumatic for all who witnesses it and created consternation in the community. I increase your sentence to 7 years imprisonment.

Senijieli Boila, you helped to plan this robbery, and procured the car for that purpose. You also went to your friend’s house to share out the money. I have no doubt that you had a direct role in the planning of the execution of the robbery.

I pick the same starting point, of 6 years imprisonment. However to reflect your greater culpability I increase your sentence to 8 years imprisonment. There are no mitigating circumstances at all. You are not entitled to the leniency usually shown to a first offender, or to a person who has pleaded guilty at the first opportunity.

On Count 2, I consider that you had an important role in the unlawful use of the vehicle and that it was part and parcel of the planned robbery. I sentence you to 6 months imprisonment on Count 2, and because it was part and parcel of the robbery, I order that it be served concurrently.

You are sentenced to a total of 8 years imprisonment.

Nazhat Shameem
JUDGE

At Suva
29th August 2005