State v Nute - Sentence [2008] FJHC 327; HAC139S.2007S (26 November 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 139 of 2007

STATE

v.

NETANI MOTO NUTE
ILAISA SOUSOU CAVA
MANOA TOVIRIKI QALOVAKI

Hearing: 10th November – 26th November 2008
Sentence: 26th November 2008

Counsel: Ms L. Lagilevu for State
Mr. A. Vakaloloma for 1st Accused
Mr. T. Fa for 2nd Accused
Ms B. Malimali & Mr. Tarere for 3rd Accused

SENTENCE

[1] Netani Moto Nute and Ilaisa Sousou Cava, you have both been convicted of murder. The sentence fixed by law is imprisonment for life. There is no discretion to order a lesser term for murder.

[2] I am however required to consider setting a minimum term to be served under section 33 of the Penal Code. It is generally more than 12 years imprisonment which is the term usually served before there is an entitlement to an application for parole.

[3] In this case State counsel asks for a minimum term to be set by the court.

[4] Both of you are young men with young families. You have close family ties and many members of your families have come to court to either give evidence or observe the proceedings. I note that the 1st Accused has 5 previous convictions for larceny and none for any serious offences but that the 2nd Accused has 22 previous convictions some of which are for offences of violence. Neither of you is a first offender.

[5] This was a dreadful crime. A young taxi driver was asked to drive to a remote part of Veisari where you assaulted him, strangled him with a rope, then hung him by the neck at the bridge at Veisari. The facts of the case warrant a minimum term of 17-18 years imprisonment. However given your relative youth, I will reduce that to 16 years.

[6] You must each serve a minimum term of 16 years before you may apply for parole.

[7] In relation to Count 3, the tariff for unlawful use of motor vehicle is between 6 to 8 months imprisonment. You are each sentenced on Count 3, to 7 months imprisonment to be served concurrently with the sentence on Count 1.

[8] Manoa Qalovaki, the court has accepted that you became involved in these dreadful set of facts under duress. However you stole the deceased’s taximeter and mobile phone when there was no suggestion of any duress. It was a crime of opportunity. Further you are a first offender and the courts generally avoid sending first offenders to prison unless they commit very serious offences. These are not serious.

[9] On each count I sentence you to 100 hours community work under the Community Work Act. You consent to that order and I consider that the best form of supervision will be from the Pastor of the Wesley Church Josua Tuwere. Within 72 hours of this judgment you must report to the Josua Tuwere to arrange for your community work. On completion of your sentence which must be no later than 6 months from this sentence, a report of your service of the Community Work must be sent to the Chief Registrar of the High Court Suva by your supervisor Mr. Tuwere. Any breach of this order is a criminal offence and renders you liable to prosecution under section 14 of the Community Work Act.

[10] In total you will serve 200 hours of community work from the date of this sentence.

Nazhat Shameem
JUDGE

At Suva
26th November 2008