State v Sharma [2005] FJHC 650; HAC0025.2004L (22 June 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0025 OF 2004L

STATE

v.

RAJNESH RAM SHARMA
f/n Brij Ram Sharma

Counsel for the State: Mr. S. Qica
Accused in Person

Date of Hearing: 20 – 21 June 2005
Date of Sentence: 22 June 2005

SENTENCE

Rajnesh Ram Sharma, you have pleaded guilty and have been convicted of 4 counts of Robbery with Violence and one count of Unlawful Use of a Motor Vehicle.

This is your sentence.

The facts to which you have agreed are that on the 21^st September 2003 between 9.00pm and 11.00pm, you and others went into Padarath’s Poultry Farm at Navau, Ba.

Upon arrival at the poultry farm, you with the others entered shed no. 8 armed with cane knives, cutter and screwdrivers and punched one Naresh Chand and Ajendra Kumar who were in the shed. After punching them, you tied both their hands and legs and covered their eyes and mouth with masking tape. The two were threatened by you and the others not to yell or else they would be killed. You and the others then took from Narend his casio wristwatch valued at $35.00, gas lighter valued at $1.70 and red torch valued at $3.00 and from Ajendra, you and the others took his wristwatch valued at $150.00 and 1 gold chain at $145.00.

You and the others then confronted one Ravindra Singh outside the shed and also punched him. You dragged him and told him that he would be killed if he yelled. You took Ravindra into the shed and also tied his hands, legs and mouth with masking tape. You and the others then took from Ravindra his casio wristwatch valued at $25.00, a packet of BH cigarettes at $2.00, gas lighter at $1.70 and $65.00 cash.

You and the others then entered into a room where two security officers were located. One of the security officers, Prakash Chand, was punched on his face and shoulder. Whilst at the same time, you threatened the other security officer, Jesoni Senileba, to lie down and not to do anything else or they would be killed. Both the security officers had their hands, legs and mouth tied with pieces of cloth.

Whilst the victims were being tied and watched by other accused persons, you and another went and entered the house of Jitendra Padarath, who is the owner of Padarath Poultry Farm. You entered the house from the back door and went into one of the bedrooms in the house whereby one old lady saw you and began shouting. You then with another pressed her mouth and hit her with a stick. At that time Jitendra Padarath came running out of his bedroom to check as to what was happening. You and another confronted Jitendra. He was punched and struck with an iron rod on the head. At that time Jitendra’s wife came and requested that you leave her husband alone. You then placed a kitchen knife on Jitendra’s wife’s head and demanded that she give money and the car keys. She immediately went and brought money that was in contained in a white envelope from the bedroom with the keys to their car registration no. DL 340. Before leaving, you also took jewelleries from the top of the dressing table inside one of the rooms. From Jitendra’s house, you and others took 22ct bangles valued $1,500.00, 22ct necklace valued $455.00, 22ct gold chain valued $800.00 and $1,500.00 in cash in Australian currency that was in the white envelope. You and others then drove off from Jitendra’s compound using his car without his consent.

The matter was reported to police and victims were taken to the hospital and you and others were interviewed under caution by the police in which time you admitted committing the alleged offence.

You were born on the 20^th August 1978 and you are bachelor. You currently reside at Ba and you started work for Protex Company in Suva two weeks ago. You have previously worked for various periods of time with different jobs. You were educated from classes 1 to 8. In June 2003, your father passed away. You are the youngest in the family and you stay with your mother who is 53 years of age. You have engaged in playing soccer, cooking, watching T.V. and fishing. You have 5 previous convictions between June 2000 to August 2001. That you have no prior convictions for robbery with violence.

You have co-operated with the police from the time of your arrest until pleaded guilty, albeit at a late stage and immediately prior to the commencement of your trial.

You have expressed your remorse to the court and have highlighted your need to support your mother.

You like your co-accused had asked the court to take into account that you were not the ringleader or instigator in the commission of these offences.

The well planned commission of these offences with the use of weapons makes them serious offences.

In Waisake Matahau Uluikadavu v The State – Cr. Appeal No. HAA0035 of 2004, Mr. Justice Winter analysed the tariff for various categories of robbery with violence and concluded the home invasions by multiple accused deserve a starting point of between 6 to 8 years imprisonment.

Robbery of commercial premises with violence was said to have a starting point of 8 years or more.

His Lordship noted that the Fiji Court of Appeal in Singh & Others v The State – AAU0008 of 2000 had upheld a sentence of 10 years for a principle offender and 8 years for their assistants.

Mr. Justice Govind in this court has already sentenced a co-accused, Aiyaz Ali, who pleaded guilty at an earlier time. He was given a sentence of 5 years imprisonment for each of counts 1 to 3, 7 years for count 4 and 6 months for count 5. That accused had a very lengthy record and was described by His Lordship as a recidivist who had spent 14 of his 32 years in prison.

For Counts 1 to 4, I take as a starting point, a term of imprisonment of 7 years. The use of a weapon and the violence would lead me to increase the term to 9 years. However balanced against these aggravating factors on the mitigating factors of your co-operation with the police, your plea of guilty, albeit late, your remorse and your age.

This would result in a term of 7 years imprisonment however due to the need for parity in sentencing and taking account of the sentence of 7 years imposed upon the co-accused, Aiyaz Ali, I see a need to impose a sentence of less than 7 years. I therefore sentence you as follows:

(i) Count 1 - 5 years imprisonment

(ii) Count 2 - 5 years imprisonment

(iii) Count 3 - 5 years imprisonment

(iv) Count 4 - 5 years imprisonment

(v) Count 5 - 6 months imprisonment

All sentences are to be served concurrently.

JOHN CONNORS
JUDGE

At Lautoka
22 June 2005