State v Harry [2010] FJHC 77; HAC039.2008S (5 March 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 039 OF 2008S

STATE

V

JOHN HARRY

Counsels : Mr. S. Vodokisolomone for the State
Accused in Person
Hearings : 8th and 9th February, 2010
Judgment : 11th February, 2010
Sentencing : 5th March, 2010

SENTENCING

1. John Harry, after a trial lasting two days, the three assessors found you guilty of "robbery with violence", contrary to section 293(1)(a) of the Penal Code, chapter 17. The court agreed with the assessors, found you guilty as charged, and convicted you accordingly.
   
2. The brief facts were as follows. The complainant was driving a Tebara bus, on 18th January 2008, at about 8pm. He was travelling from Suva towards Nausori. You were a passenger in the bus. At Kinoya bus stop, the complainant stopped his bus, to let two passengers off. Three youths armed with a cane knife boarded the bus, and assaulted the driver with the same. They were your friends. They called on you to assist them. You then went to the driver, and snatched his money box, containing approximately $300. You later fled with the youths towards Newtown and Khalsa Road.
   
3. I have taken into account your plea in mitigation and you antecedent report. I note you are 27 years old, married with 2 young children aged between 9 months and 1 year. I note you are employed as a boat builder, earning $40 to $50 per week. I note you are the sole breadwinner, and have told the court, you will not re-offend again.
   
4. In terms of the Sentencing and Penalties Decree 2009, you have 2 previous convictions for "robbery with violence", on 30th January 2002 and 24th November 2005, at Suva and Nasinu Magistrate Courts. Pursuant to sections 10(c) and 11 of the above Decree, I declare you to be a habitual offender.
   
5. The maximum sentence for "robbery with violence" is life imprisonment. However, the tariff for violent robberies against taxi drivers is a sentence between 4 to 7 years imprisonment: see Aminio Rokotuivuna Mafutuna v State, Criminal Appeal No. HAA 153 of 2005, High Court, Suva; Simione Raura v State, Criminal Appeal No. HAA 068 of 2004, High Court, Suva and Inoke Ratubuli & Others v State, Criminal Appeal No. HAA 154 of 2005, High Court, Suva. The actual sentence passed will depend on the presence or otherwise of strong mitigating or aggravating factors.
   
   6. In your case, the mitigating factors were as follows:
      

(i) you were not the one that assaulted the complainant with the cane knife;

(ii) the value of properties stolen, i.e. $1,200, was not much by today’s standard;

(iii) the complainant, although he was assaulted, did not suffer any serious injuries.

7. The aggravating factors were as follows:
   

(i) by joining the group, you showed total disregard to the complainant’s right to personal safety, when he was assaulted by a cane knife;

(ii) by stealing the complainant’s money box containing $300, you showed total disregard to his property rights;

(iii) although you have being punished for your two previous "robbery with violence" convictions in 2002 and 2005, you have not changed you attitude in 2008, when you committed this crime.

8. Given the above, I start with a sentence of 7 years prison. For the aggravating factors, I increase it by 4 years to 11 years prison. For the mitigating factors, I decrease the sentence by 5 years to 6 years prison. I therefore sentence you to 6 years imprisonment.
   

Salesi Temo
ACTING JUDGE

AT Suva
5th March, 2010