State v Ravurabota [2010] FJHC 63; HAC095.2009S (26 February 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 095 OF 2009S

STATE

V

TIMOCI RAVURABOTA

Counsels: Ms. S. Tagivakatini for the State
Mr. T. Terere for the Accused

Sentencing: 26th February, 2010

SENTENCE

1. Timoci Ravurabota, you first appeared in this court, on 9th October 2009. Your right to counsel was explained to you. You waived the same and wanted to represent yourself. Because you were facing a murder charge, the court gave you time to apply for legal aid from the Legal Aid Commission. This was finally sorted out on 12th February 2010, when Mr. T. Terere appeared for you.

2. On 12th February, 2010, the following charge was put to you:

Statement of Offence

MURDER: contrary to sections 199 and 200 of Penal Code, chapter 17.

Particulars of Offence

TIMOCI RAVURABOTA, on the 29th day of April, 2005 at Matacula, Tailevu, in the Central Division, murdered NAVNEET KUMAR SINGH s/o SEET KUMAR SINGH.

3. In the presence of your counsel, you pleaded guilty to the charge. The brief facts were as follows. At the time of the offence, you were aged 17 years 4 months, and attending Form 6 at Tailevu North College. You wanted to attend the Coca Cola Games at the National Stadium on 29th and 30 April 2005. You asked your mother for your admission fee, and she gave you $20. You felt the same was not enough for your fare, food and admission fee. You planned to do a robbery on 29th April 2005, in order to get more money for the Coca Cola Games.

4. At about 8pm, on 29th April 2005, you saw the deceased driving a white van for hire, and dropping off passengers near Korovou Town. You picked him as the target for your robbery plans. You stopped the deceased’s van, and rode in the same. You told him to drive towards Burerua. The van went passed Burerua Village towards Ratu Kadavulevu School, and turned around and stopped near Matacula Village. You went out the van, and put a knife on the deceased’s neck and told him to get out of the van. The deceased gave you more than $100 cash, which you put in your pocket.

5. You then grabbed his T- Shirt collar, and walked him to an "ivi" tree, in the bushes. At the "ivi" tree, you punched the deceased, wherein he fell to the ground. Then you repeatedly stabbed the deceased in the neck, upper chest, face, head and hands 12 times. You then threw the deceased into a nearby river, believing that he was dead. However, the deceased, although he was severely injured, struggled to get out at the other side of the river. You then jumped into the river, got hold of the deceased’s head, and submerged it in the water, until he was dead. You then hid his body under the roots of trees in the river. You then made your way back to your village, and reached home at about 5am on 30th April 2005. Later on, you went to the Coca Cola Games.

6. The court checked with your counsel to see that you have admitted all the ingredients of the offence of murder. Your counsel, on your behalf, admitted that when you punched, stabbed and drowned the deceased in a nearby river, you committed multiple unlawful acts. He also admitted that those unlawful acts caused the deceased’s death, as described in the post-mortem report, dated 1st May 2005. Counsel also admitted, on your behalf that, when you did the above unlawful acts, you intended to kill the deceased. As a result of the above, the court found you guilty as charged, and convicted you accordingly.

7. There is only one mandatory sentence for murder, and that is, life imprisonment (section 200, Penal Code, chapter 17). But the court, pursuant to section 33 of the Penal Code, may fix the minimum period which the convicted person must serve. Cases on murder differ on the imposition of minimum terms. In Waisale Waqanivalu v the State, Criminal Appeal No. CAV 005 of 2007, Supreme Court, on 5 counts of murder and 1 of attempted murder, the accused was given 19 years minimum term on each murder count, and 10 years consecutive on a pending prison sentence, total minimum period would be approximately 26 years; The State v Navau Lebobo, Criminal Action No. HAC 016 of 2002, High Court, Suva, 20 years was the minimum period; in The State v. Simon John Macartney, Criminal Case No. HAC 175 of 2008, High Court, Suva and The State v Raymond Singh, Criminal Case No. HAC 072 of 2008, 18 years was the minimum term in each case.

8. I have noted that you were a 1st offender at the time of the offence and also a young person. You co-operated with the police when caution interviewed in 2009, but that was 4 years after the event. I have taken note of your plea in mitigation. You pleaded guilty and therefore saved the court’s time. Those are the mitigating factors for you. However, there are serious aggravating factors also present in this case. You have taken a young life. The manner in which you squeezed the last breath out of this young man’s life can be described as nothing but despicable. It was the height of evil. The deceased was 17 years old at the time. He was going about his lawful business, that is, earning money by driving his van for hire. You robbed him, then violently put him to death, first by punching and stabbing him numerous times. Then you threw him into the river, and forcefully held his head under water, until he died. Then you proceeded to hide your evil deeds by hiding his body in the river, under the roots of nearby trees. By doing this, you showed utter disrespect to his body and memories.

9. Considering the above mitigating and aggravating factors, I sentence you to life imprisonment for murder, and pursuant to section 33 of the Penal Code, I fix 20 years as the minimum term to be served.

Salesi Temo
ACTING JUDGE

At Suva
26th February 2010