State v Tikina [2010] FJHC 443; HAC180.2010 (23 September 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC180 of 2010

STATE

V

TIMOCI TIKINA

Criminal Case No: HAC185 of 2010

STATE

V

1. APISALOME NAKULINIVALU
2. TIMOCI TIKINA
   

Hearing: 22nd September 2010
Sentence: 23rd September 2010

Counsel: Mr. C. Ratakele for State
Both Accused in person

SENTENCE

[1] Timoci Tikina pleads guilty to three counts of robbery while Apisalome Nakulinivalu pleads guilty to two counts of robbery.

[2] The offences are street muggings, involving three different victims. The accused used similar modus operandi. They snatched the bags of the victims and ran away. Minimum force was used. No weapon was used. The victims were not physically injured. Except for cash, the stolen items were recovered.

[3] In HAC180/10, Timoci Tikina committed the offence alone on 4 September 2010.

[4] In HAC185/10, the accused jointly committed the offences on 3 September 2010.

[5] Under caution the accused admitted the offences. They have been in custody since 9 September 2010.

[6] Both accused are young and first time offenders. They are 22 years old and they come from a disadvantaged background. They left school at Form 4 and are unemployed.

[7] The early guilty pleas, young age, previous good character, recovery of most stolen items and disadvantaged background operate in favour of the accused as mitigating factors.

[8] The aggravating factor is that street mugging is prevalent in our community.

[9] I use 4 years as a starting point. I add 6 months to reflect the aggravating factor. I take into account the mitigating factors and the remand period, and reduce the sentence to 2 years imprisonment.

[10] The offences in HAC185/10 were part of one transaction. The offence in HAC180/10 is a separate offence committed on a different day by Timoci Tikina.

[11] Timoci Tikina is more culpable than Apisalome Nakulinivalu.

[12] Public must feel safe on streets. Offenders who mug on streets must be deterred. At the same time, offenders who are young and first time offenders must be given an opportunity to reform.

[13] Taking these principles into account the sentences are:

Timoci Tikina

HAC180/10

Count 1 - 2 years imprisonment; 12 months to serve in prison and the remaining term is suspended for 2 years from the date of release from prison.

HAC185/10

Count 1 - 2 years imprisonment; 12 months to serve in prison and the remaining term is suspended for 2 years from the date of release from prison.

Count 2 - 2 years imprisonment; 12 months to serve in prison and the remaining term is suspended for 2 years from the date of release from prison.

Apisalome Nakulinivalu

HAC185/10

Count 1 - 2 years imprisonment; 9 months to serve in prison and the remaining term is suspended for 2 years from the date of release from prison.

Count 2 - 2 years imprisonment; 9 months to serve in prison and the remaining term is suspended for 2 years from the date of release from prison.

[14] The sentences are made concurrent. The recovered stolen items are to be returned to the respective owners.

Daniel Goundar
JUDGE

At Suva
23rd September 2010

Solicitors:
Office of the Director of Public Prosecutions for State
Both Accused in person