State v King - Sentence [2011] FJHC 617; HAC40.2010L (5 October 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 40 OF 2010L

BETWEEN:

STATE

AND:

JOE KING
[First Accused]

SANJEEV MOHAN
[Second Accused]

Mr T. Qalanauci for the State
Ms. V. Tamanisau [LAC] for the First Accused
Mr. H.A.Shah with Mr M. L. Degei for the Second Accused

Date of Hearing : 3rd and 4th October, 2011.
Date of Summing Up : 5th October, 2011.
Date of Judgment : 5th October, 2011.
Date of Sentence : 5th October, 2011.

SENTENCE

[1] Joe King and Sanjeev Mohan you have both been found guilty by this court of one count of aggravated robbery. The charge was as follows:

FIRST COUNT

Statement of Offence

AGGRAVATED ROBBERY: Contrary to section 311 (1) (a) and (b) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

JOE KING, SANJEEV MOHAN AND JOSATEKI LABALABA, on the 29th day of April 2010 at Lautoka in the Western Division with others and being armed with an offensive weapon stole $4000.00 cash, half bag of Bech-de-mer valued at $3000.00 and three mobile phones valued at $484.00, all to the total value of $7484.00 from RAZIMMUM NISHA f/n Jafar Ali and immediately before such robbery, did use personal violence of the said RAZIMMUM NISHA f/n Jafar Ali.

[2] The facts of the case were that at 8.30pm on the 29th April 2010, the two of you, together with one other entered the dwelling house of the victim where a knife was put against her neck and money demanded. You took a money box which contained $4,000, mobile phones and some valuable biche-de-mer. You told the victim that if she did anything she would be "cut". The three of you were all dressed in black. You saw a vehicle approaching and fled, discarding the knife outside. You later shared the money, yet the sharing does not seem to have been very equitable. You were both arrested within days and each of you made admissions to the offence under caution to the Police.

[3] Joe King you are 41 years old and you tell me that you were a fisherman at the time but now work as a labourer at Fiji Sugar Corporation. You have 22 previous convictions of which only one is current. There has obviously been an attempt by you in the last ten years to reform yourself.

[4] Sanjeev you are 36 years old, separated with 2 young children. You also have 22 previous convictions with just two in the last ten years, and they are for driving offences. Obviously you too have been trying to reform.

[5] Counsel for both of you submit that there were no injuries inflicted on the victim and that this is to your credit. Mr Shah asks that the second accused be given a chance to develop what appears to be a desire to reform.

[6] The Supreme Court in Guston Kean CAV 0015.2010 set the tariff for this offence at between six and fourteen years imprisonment and recent sentences for domestic robberies have been between ten and sixteen years (Rasaqio HAC 155/07; Rokonabete HAC 118/07; Vasuca HAC 41 of 2009L).

[7] I take as a starting point of sentence for each of you a term of twelve years imprisonment. Apart from the aggravating features inherent in the charge itself, I find it severely aggravating that you entered domestic premises at 8.30pm when citizens are expecting to enjoy their evening without invasion. For this aggravation I add two years to the sentence bringing it up to fourteen years for each of you.

[8] Joe King, from the interim total of fourteen years I deduct two years in recognition of your comparatively good record in the last ten years and a further 3 months for time spent in remand. You will serve a total sentence of eleven years 9 months, with a minimum of ten years before being eligible for parole.

[9] Mohan, from the interim total of fourteen years I give you too a discount of two years for your obvious attempt to reform as reflected in your criminal record. I deduct a further period of sixteen months which is the time you have spent in custody for this offence, meaning you will serve a total term of ten years eight months. You will serve a minimum term of nine years before being eligible for parole.

Paul K. Madigan
JUDGE

At Lautoka
5th October 2011