State v Vuli [2010] FJHC 234; HAC047.2006 (6 July 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 047 of 2006

STATE

V

PETAIA VULI

Hearing: 1st July 2010
Sentence: 6th July 2010

Counsel: Mr. M. Waqavonovono for State
Ms S. Vaniqi for Accused

SENTENCE

[1] Petaia Vuli, you stand convicted of a charge of robbery with violence following a plea of guilty.

[2] The facts are that on the evening of 24 April 2006 you forcefully entered the house of an elderly couple with a group of men. The male victim was 70 years old while his wife was 44 years old. After gaining entry, the victims were severely beaten. The woman victim was struck with a knife. After the victims were beaten, their house was ransacked. The robbers fled the house after stealing properties belonging to the victims, to a total value of $2646.00. Only a camera and some CDs were recovered. The victims sustained serious injuries and they were hospitalized.

[3] You are 24 years old. At the time the offence was committed, you were 21 years old. You are separated from your wife. You have two daughters aged 3 and 4 years old. You are a first time offender.

[4] Your counsel pointed out that your role was minimal and that you did not personally inflict any personal injury to the victims. You were influenced by your accomplices to be part of the robbery after the plan had been made by them.

[5] Two of your accomplices have already been dealt with following trials.

[6] The first accomplice was sentenced to 6 years imprisonment while the second accomplice was sentenced to 7 years imprisonment. In the case of the first accomplice he was a young and a first time offender, while the second accomplice was an adult offender with previous convictions. A starting point of 7 years was used in both cases.

[7] I do not draw any distinction in your culpability. You were part of a joint enterprise and you are equally responsible for the offence as your accomplices.

[8] The mitigating factors are your young age, guilty plea, remorse, co-operation with police and previous good character. However, your guilty plea came late. After you were charged, you breached your bail by absconding. You were arrested in September 2009 after being on a bench warrant since April 2008. Since then you have been in custody on remand. The remand period is 10 months.

[9] The aggravating factors are that the victims were vulnerable due to their old age, they were seriously injured in the security of their home and the attack on them was by a group of men.

[10] I pick 7 years as a starting point and add 3 years to reflect the aggravating factors. I reduce the sentence by 4 years to reflect the mitigating factors and by 1 year to reflect the remand period.

[11] You are sentenced to 5 years imprisonment with a non-parole period of 3 years.

Daniel Goundar
JUDGE

At Suva
6th July 2010

Solicitors:
Office of the Director of Public Prosecutions for State
Office of the Legal Aid Commission for Accused