State v Fong [2005] FJHC 412; HAC0011S.2005S (4 November 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Crim. Case No: HAC0011 of 2005S

STATE

v.

PATRICK FONG

Hearing: 3rd November 2005
Sentence: 4th November 2005

Counsel: Ms P. Madanavosa for State
Ms B. Malimali for Accused

SENTENCE

Patrick Fong, you have pleaded guilty on seven counts of armed robbery contrary to section 293(1) of the Penal Code. All counts arise out of one robbery at the ANZ Bank Samabula Branch in Suva on the 15^th of August 2003.

The facts are that on the 14^th and 15^th of August, you were a taxi driver employed by your father. In the morning of the 14^th of August you met a man who asked you to provide transport after a robbery planned at the ANZ Bank. You agreed. You knew about the plan. You picked up the other robbers on the 15^th of August. They were armed with axes, pinch bar and a pistol.

You were shown the place where you were to pick up the robbers. You waited there. The robbery took place at the Bank. You picked the robbers up and dropped them at Nadera. You took your taxi back to the base. Later the money from the bank robbery was shared amongst all the robbers. You also received your share of the proceeds, and gave some of it to your father. Each of the seven counts refers to robbery of individual bank officers within the bank. The total amount taken by the robbers was over $27,000.00.

The tariff for robbery with violence is 4 to 7 years. However this was a case of the armed robbery of a bank. A high starting point is therefore justified. In this case the use of an axe, a pistol and pinch bar, justify a starting point of 7 years imprisonment. The aggravating factors are the planning and premeditation, the fact that the robbery was committed by a group of men, and the large sum of money stolen. I increase your sentence to 9 years imprisonment.

In your favour is your guilty plea (although it is somewhat late), your remorse and your relatively minor role in the robbery. You were not a principal offender, although you were very much part of the criminal enterprise because you knew of the plan and facilitated it, by providing transport. I lower your sentence to 6 years imprisonment. I am unable to give you any credit for good character because you have several previous convictions for robbery. Indeed you were sentenced in March of 2005 to a total of 3½ years imprisonment for a string of similar offences. Prior to those offences, you had no criminal record.

I take it therefore that you are not an incorrigible offender with little hope of rehabilitation. As such, if I were to impose a consecutive sentence, the total sentence of 9½ years imprisonment would be harsh and excessive in total. I therefore order that the 6 year term I impose today be served concurrent to the terms you are currently serving.

Nazhat Shameem
JUDGE

At Suva
4^th November 2005