State v Nonu [2011] FJHC 627; HAC136.2010 (29 September 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 136 OF 2010

BETWEEN:

THE STATE

AND:

JOSEPH NONU

Counsel: Ms. T. Leweni for the State
Accused In Person

Date of Sentence: 29th September 2011

SENTENCE

1. The Director of Public Prosecution had preferred a charge of Aggravated Robbery punishable under section 311 (1) (b) of the Crimes Decree against the Accused above named.

2. After the trial all three assessors unanimously found the Accused guilty to the charge. Being convinced with the evidence this Court also found him guilty and convicted him under section 311 of the Crimes Decree.

3. According to the evidence, 3 people had entered the premises of the virtual complainant Mohammed Ishaq, assaulted him with a pinch bar, robbed money, phones, kava and some other things. It was seen by the witness that this Accused had chased the victim with a weeding knife in hand. This shop invasion had happened after 1am (midnight).
4. Section 311 of the Crimes Decree prescribes maximum sentence as 20 years imprisonment.

5. Tariff for the offence of Aggravated Robbery discussed in many cases. In State vs Manoa (2010) FJHC 409 it is accepted as 8 to 14 years imprisonment.

6. Recently the Supreme Court confirmed the tariff for this offence as 8 – 14 years in Guston Fredrick Kean vs The State 2011 (FJSC) 11 (12 August 2011).

7. In this case the Accused had no regards on other human life and their property. Considering the nature of the offence I commence your sentence at 9 years imprisonment.

8. I considering your aggravating factors.

(i) Home invasion and Robbery at the wee hours namely 2am in the night.

(ii) The victim was a vulnerable person who is running a convenience shop.

Considering the above factors I increase your sentence by 2 years. Now your sentence is 11 years imprisonment.

9. Considering the mitigating circumstances.
   

(i) You are 26 years old and unmarried.

(ii) You are 1st offender.

(iii) You are following an educational programme at the University.

(iv) You are remorseful.

(v) Stolen goods were recovered.

(vi) Your period in remand (14 months and 3 weeks)

Considering all I reduce 7 years from your sentence. Now your sentence is 4 years imprisonment.

10. Now I consider Section 4 (1) of the Sentencing guidelines decree.

The only purposes for which sentencing may be imposed by a court are –

(a) to punish offenders to an extent and in a manner which is

just in all the circumstances;

(b) to protect the community from offenders;

(c) to deter offenders or other persons from committing

offences of the same or similar nature;

(d) to establish conditions so that rehabilitation of offenders

may be promoted or facilitated;

(e) to signify that the court and the community denounce the

commission of such offences; or

(f) any combination of these purposes.

11. I further consider Section 4 (2) of the Sentencing guidelines decree. In
sentencing offenders a court must have regarded to –

(a) the maximum penalty prescribed for the offence;

(b) current sentencing practice and the terms of any applicable

guideline judgment;

(c) the nature and gravity of the particular offence;

(d) the offender's culpability and degree of responsibility for the

offence;

(e) the impact of the offence on any victim of the offence and

the injury, loss or damage resulting from the offence;

(f) whether the offender pleaded guilty to the offence, and if so, the stage in the proceedings at which the offender did so or indicated an intention to do so;

(g) the conduct of the offender during the trial as an indication

of remorse or the lack of remorse;

(h) any action taken by the offender to make restitution for the injury, loss or damage arising from the offence, including his or her willingness to comply with any order for restitution that a court may consider under this Decree;

(i) the offender's previous character;

(j) the presence of any aggravating or mitigating factor concerning the offender or any other circumstance relevant to the commission of the offence; and

(k) any matter stated in this Decree as being grounds for

applying a particular sentencing option.

12. Considering section 26 (1) of the Sentencing and Penalties Decree the section states as follows:

"On sentencing an offender to a term of imprisonment a court may make an order suspending, for a period specified by the court, the whole or part of the sentence, if it is satisfied that it is appropriate to do so in the circumstances."

13. You have committed a serious crime and you have been remanded for more than 14 months which is a considerable period. After carefully considering your plea and the law you are sentenced to 4 years imprisonment. You will be spending one year in the prison and the balance 3 years to be suspended for a period of 7 years.

15. You are explained the nature and consequences of the suspended term.

16. 30 days to appeal.

S Thurairaja
Judge
At Suva

Solicitors
Office of the Director of Public Prosecution for State
Accused In Person