State v Varani [2011] FJHC 275; HAC070.2010S (19 May 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 070 OF 2010S

STATE

vs

LEPANI VARANI

Counsels: Mr. J. Singh for the State
Accused in Person
Hearings: 28th to 31st March, 2011
Summing Up: 1st April, 2011
Judgment: 1st April, 2011
Sentence: 19th May, 2011

SENTENCE

1. Lepani Varani, after a 4 days trial, the three assessors returned with an unanimous verdict of guilty of committing "aggravated robbery" against the complainant, on 8th February 2010, at Nasinu in the Central Division, contrary to section 311(1)(b) of the Crimes Decree 2009. 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 the owner of "Rups Big Bear", at Nasinu in the Central Division, where their huge complex is situated. The complex housed their shop, their administration office and their safe, containing money etc. On 7th February 2010, Sikeli Manu and Samuela Kata, were guarding the complex, as "Rups Big Bear's" security guards. Their role was to ensure that nothing untoward occurred at the complex. Early in the morning on 8th February 2010, at about 2.30am, the two men were attacked and tied up by four masked men. The security guards were threatened with serious injuries if they resisted. The robbers had knives, pinch bars and iron rods as weapons. The robbers tied the guards, broke into the complex, ransacked the same and stole the items mentioned in the charge. They also attempted to break open the company's safe, but were disturbed by approaching police vehicles. They fled the scene. An investigation was carried out. Lepani Varani, you were treated as a suspect. You were caution interviewed by police on 25th March 2010. You confessed to the police that you were one of the four robbers mentioned above.

3. Aggravated robbery is a serious offence. It carries a maximum penalty of 20 years imprisonment. Previous case laws put the tariff between a sentence of 6 to 14 years imprisonment: see State v Sakiusa Rokonabete & Others, Criminal Case No. 118 of 2007, High Court, Suva; Sakiusa Basa v The State, Criminal Appeal No. AAU 0024 of 2005, Fiji Court of Appeal; Semisi Wainiqolo v The State, Criminal Appeal No. AAU 0027 of 2006, Fiji Court of Appeal. The actual sentence passed, will depend on the mitigating and aggravating factors.

4. The mitigating factors in your case were as follows:

(i) The two security guards were not seriously injured when they were attacked, on 8th February 2010;

(ii) The safe containing the company's money was not open by you and your friends.

5. The aggravating factors in your case were as follows:

(i) By attacking the two security guards, you and your friends showed no regard to the safety and dignity of the two guards;

(ii) By stealing the complainant's properties, you and your friends showed no regard to the complainant's property rights;

(iii) By stealing from the complainant, you showed a willingness to earn your living by taking a free ride on other people's back;

(iv) In committing the crime, you showed that you do not earn your living in an honest way - in other words, you are a pest to society, and need an incentive to follow the right way.

6. I start with a sentence of 7 years imprisonment. For the mitigating factors, I decrease the 7 years by 1 year, leaving a balance of 6 years. For the aggravating factors, I add 5 years to the 6 years, giving a total of 11 years imprisonment. Your total sentence is 11 years imprisonment.

7. In this case, you have been remanded in custody from 26th March 2010 to 19th May, 2011, a period of approximately 1 year 2 months. I deduct 1 year 2 months from your total sentence of 11 years imprisonment, to take into account your time in custody, leaving a balance of 9 years 10 months.

8. For the crime you did Lepani Varani, I sentence you to 9 years 10 months imprisonment. Pursuant to section 18(1) of the Sentencing and Penalties Decree 2009, you are not eligible to be released on parole until you have served 7 years imprisonment. This is a lesson to all those who are unemployed. Do not follow Lepani Varani's ways, or you will risk a long term of imprisonment. For those of you who have land in their villages, return to the land and make use of it, to make an honest living. Otherwise, do something useful, but do not engage in crime.

Salesi Temo
ACTING JUDGE

Solicitors for the State : Office of Director of Public Prosecution, Suva.
Solicitors for the Accused : In Person.