State v Aemai [2005] FJHC 435; HAC056S.2005S (24 November 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Crim. Case No: HAC0056 of 2005

STATE

v.

ARE AEMAI

Hearing: 23rd November 2005
Sentence: 24th November 2005

Counsel: Mr. P. Bulamainaivalu for State
Accused in person

SENTENCE

Are Aemai, you have pleaded guilty to one count of robbery with violence. On the 7^th of January of this year, you with others robbed Ashok Kumar of a number of items in his shop and before such robbery threatened personal violence to him. The total value of the items robbed was $6000. In the course of the robbery, the victim was tied up, assaulted and left on the floor of his shop. The State does not suggest that you took part in the assault yourself, but says that you stole cash and other items during the assault and you were also the watchman. You shared in the proceeds of the crime.

The tariff for robbery with violence without weapons, is 4 to 7 years imprisonment. In the case of the robbery of shops, a starting point higher in the tariff is justified. I pick a starting point of 6 years imprisonment.

Aggravating factors are that you committed the offence in a group, that the offence was planned and premeditated, that actual violence was inflicted on the victim and that the value of the items stolen was high. I increase your sentence to 9 years imprisonment.

Mitigating factors are your family background, your lack of education and employment and the fact that this is your first offence involving violence. You are a repeat offender, but previously have committed breaking and entering offences. You have told me that you are 22 years old, have only been educated to Class 7, that your mother died when you were 2 months old and you were brought up by your aunt. You have said that your father was a convicted criminal and addicted to alcohol. I have also been read a letter to the Court by your aunt, who clearly loves you. She asks that you be given a non-custodial sentence so that you can be sent to work on the farm in Kadavu. Although this last request must be denied because of the seriousness of the offending, I accept that you have, despite being loved and supported by your aunt, suffered disadvantage in your upbringing. I also take into account your apology to the victim’s family and your remorse and guilty plea. I reduce your sentence to 7 years imprisonment.

I take into account your time in custody which is the equivalent of a year’s sentence. I reduce your sentence to 6 years imprisonment.

I sentence you to a term of 6 years imprisonment.

Nazhat Shameem
JUDGE

At Suva
24th November 2005