State v Vasuca - Sentence [2011] FJHC 12; HAC041.2009 (25 January 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 041 OF 2009

STATE

vs

VILITATI VASUCA

Mr. L. Sovau for the State
Mr. T. Terere (L.A.C) for the Accused

Date of Hearing : 20 January 2011
Date of Judgment : 25 January 2011

SENTENCE

1. Vilitati Vasuca, you have been convicted by this Court of two counts of robbery with violence, as follows:

FIRST COUNT

Statement of Offence

ROBBERY WITH VIOLENCE: Contrary to section 293(1)(b) of the Penal Code, Cap. 17.

Particulars of Offence

VILITATI VASUCA with others on the 7th day of February 2009 at Lautoka in the Western Division robbed Hemant Kumar f/n Shiu Prasad of cash $100, Hewlett Packard laptop valued at $2500, a Nokia mobile phone valued at $240, all to the total value of $2,840.00 and at the time of such robbery did use personal violence on the said Hemant Kumar f/n Shiu Prasad.

SECOND COUNT

Statement of Offence

ROBBERY WITH VIOLENCE: Contrary to section 293(1)(b) of the Penal Code, Cap. 17.

Particulars of Offence

VILITATI VASUCA with others on the 7th day of February 2009 at Lautoka in the Western Division robbed Pratima Kumar f/n Ram Bali of a 22 carat gold chain valued at $220.00, a ladies gold wrist watch valued at $90, a 22 carat mangal sutra valued at $2000.00, a 22 carat ladies ring valued at $90.00 all to the total value of $2400.00 and at the time of such robbery did use personal violence on the said Pratima Kumar f/n Ram Bali.

2. The facts are that on the 7th February 2009 at Saweni in Lautoka, you with 2 others entered the domestic premises of the Kumar family where your two accomplices entered the bedroom of Mr. and Mrs Kumar asking for gold and money. A small knife was brandished and Mr. Kumar was held pinned to the bed while his legs were stomped on and a knife pointed against his stomach. One of the men was masked. A cane knife was produced and placed against Mr. Kumar's stomach. The men grabbed gold, laptop, mobile and jewellery stuffing the loot in their clothings. The men then went into an elderly woman's room who was sick and started beating her. This traumatic time in the house lasted for about 45 minutes before the group fled from the scene.

3. You were later arrested by the Police for being drunk and disorderly, but acting on information, the Police interviewed you under caution for this crime.

4. During the interview you made confessions to being one of the party robbing in Saweni that night, being a lookout at the door but demanding money and jewellery.

5. This confession and a subsequent answer to charge was found by me, after voir dire proceedings, to be made voluntarily; and obviously the assessors did not believe your claims of abuse and torture either.

6. To invade domestic premises at night must engender great terror in the hearts of residents, especially in an isolated area such as Saweni. Every citizen has a right to spend a night secure in their own home and to have their possessions safely with them.

7. The accepted tariff for violent domestic robbery is now between 10 and 16 years (as set in Rasaqio – HAC 155 of 2007, also Rokonabete – HAC 118/07 and Wainiqolo – AAU 0027 of 2006) and there is no reason why your case should be excluded from that tariff.

8. You say that you refuse to mitigate which means that you are showing petulance at the conviction, and it is also shows a complete lack of remorse.

9. You are 34 years old, single and unemployed. You have been educated to Form 5 level.

10. You say in your confession that you only acted as a lookout while others robbed but that does not absolve you from responsibility for this frightening crime.

11. I take as a starting point a term of 10 years imprisonment. To reflect the very serious aggravation of gang invasion in the middle of the night I add

to that a further three years. For the further aggravation of beating a defenceless elderly woman who had nothing of value to surrender to you, I add another year bringing the total to 14 years. You advance nothing by way of mitigation and I can find no mitigation on your behalf.

12. You will serve a total term of imprisonment of 14 years and you will serve 11 years of that without being entitled to parole.

Paul K. Madigan
JUDGE
At Lautoka
25 January 2011