State v Waqa [2009] FJHC 17; HAC087S.2008 (27 January 2009)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 087 of 2008

STATE

v.

ISOA WAQA

Hearing: 22nd – 27th January 2009
Sentence: 27th January 2009

Counsel: Ms H. Tabete for State
Accused in person

SENTENCE

[1] Isoa Waqa, you have been found guilty of the offence of robbery with violence. The evidence at trial was that you were one of a group of men who broke into the house of Bimla Wati at 11pm on the 29th of April 2008 and robbed her of jewellery. In the course of the robbery she was injured and had a lacerated ear lobe from an earring being pulled off her ear by force. She lived with a son, who was a patient at St. Giles Psychiatric Hospital, and both she and her son suffered not only physical harm but psychological trauma.

[2] You have 21 previous convictions of which 4 are for robbery with violence. The last is dated November 2006 and you were imposed 2 years imprisonment for that offence. This offence was committed shortly after your release from prison. In 2008 in January you were convicted of absconding bail and were sentenced to 6 months imprisonment which you are now serving. You tell me that you will be due for release on the 11th of May 2009.

[3] Clearly you are an incorrigible offender. There are few mitigating circumstances in this case. You are single (with one child), unemployed and play rugby and volleyball in your spare time. It seems you have made no attempt to rehabilitate yourself and in this case took part in the robbery of the house of a neighbour.

[4] The tariff for home invasion robberies is higher than other types of robbery because of the fear and insecurity caused to the inhabitants of a home which is violated by a violent robbery of this type. Such robberies are a menace to society. Indeed of the cases pending in the High Court, robbery with violence accounts for the largest number.

[5] I start at 8 years imprisonment. The aggravating factors are the injury caused, the fact that the victims were vulnerable (one of them was suffering from mental illness) and the fact that the robbery was committed by a group of men at night. In mitigation you have told me that you have a 4 year old son and have tried to change your life. Sadly your list of previous convictions suggest otherwise.

[6] Adjusting for all these factors I sentence you to 8 years imprisonment, to be served concurrently with the term you are now serving.

Nazhat Shameem
JUDGE

At Suva
27th January 2009