State v Tanidrala [2005] FJHC 379; HAC048S.2005S (2 December 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Crim. Case No: HAC0048 of 2005S

STATE

v.

AISAKE QIOLELE TANIDRALA
SIRELI ROBALENAIVALU
NAVITALAI VECENAVURA

Hearing: 1^st December 2005
Sentence: 2^nd December 2005

Counsel: Mr. W. Kuruisaqila for State
Ms B. Malimali for 1^st Defendant
2^nd & 3^rd Defendants in person

SENTENCE

Aisake Qiolele Tanidrala, you have been convicted, on your own plea of guilty, to the murder of Chan Yin Kee, a farmer of Vunidakua Settlement. You, and Isireli Robalenaivalu and Navitalai Vecenavura have also pleaded guilty to one count of robbery with violence on the wife of Chan Yin Kee, Lixi Aoli.

The facts of the case are that on the 27^th of May 2005, from 9pm to about 5am, the three of you were drinking yaqona and beer. Counsel for the 1^st Defendant also said that you smoked marijuana. While drinking, you planned to steal from Chan Yin Kee so that you could attend a rock concert. Equipped with pliers and after a change of clothes the three of you cut the deceased’s fence and waited for him to load his van to go to the market. The third defendant held the deceased’s wife while the 1^st Defendant used a piece of wood lying beside the house to hit the deceased. There was a struggle. The 1^st Defendant, picked up a cane knife, choosing one with a long handle and thick blade. He then cut his neck open with the knife. When he continued to struggle he hit him 3 more times on the head. He then used a second knife, one with a thin tapering blade to stab the deceased on the neck and collarbone. The deceased fell and lay still. The 1^st Defendant then took some money out of the deceased’s pocket. The deceased died of cutthroat injury and multiple wounds.

The three of you then took $500 cash from the deceased’s wife. You tied her up and gagged her, leaving her on the settee. You stole a number of items from the house to the total value of $1544.00. You hid the items in the bushes where they were later recovered by the police. You then went to Aisake’s house where you washed yourselves and slept. You were later arrested by the police and you all confessed what you had done.

This is a truly horrible incident. The three of you planned a robbery on a respectable and elderly couple, who lived on their farm and who worked hard for their living. Your plan to rob them for a pitiful sum of money to allow you to go to a concert was a despicable and cowardly act. It deserves society’s condemnation.

Count 1

I sentence you, Aisake Qiolele Tanidrala to the mandatory life imprisonment.

Count 2

Although you did not go to the house of the victim armed, I treat this as an armed home invasion. This is because you used knives in the course of the robbery. I pick 8 years as my starting point.

In relation to all defendants, the aggravating factors are the premeditation, the fact that there were three of you, the fact that the victim watched her husband’s attack in front of her in the most brutal circumstances, the value of the items and the tying and gagging of the victim. I increase the sentences to 10 years imprisonment to reflect these aggravating circumstances.

For the 1^st Defendant, you are a young first offender who had only limited education. You are 24 years old and have expressed remorse to the court. I reduce your sentence to 8 years imprisonment.

For the 2^nd Defendant, I treat you as a first offender because you have only two petty convictions. You are 24 years old and have also expressed remorse. You were educated up to Form 6 at Laucala Bay Secondary School and were employed as a salesman at the time of the offence. For these matters, and for your expressed contrition and guilty plea, I reduce your sentence to 7 years imprisonment.

For the 3^rd Defendant, you are 23 years old with two previous convictions for larceny. You have no history of violent offending. You too have expressed remorse and have pleaded guilty at the first available opportunity, thus saving the victim the trauma of giving evidence on Count 2. I reduce your sentence to 7 years imprisonment.

The sentence for Aisake, the 1^st Defendant is to be served concurrent with the sentence of life imprisonment imposed on Count 1.

Nazhat Shameem
Judge

At Suva
2nd December 2005