State v Tamani [2011] FJHC 725; HAC290.2011 (11 November 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC290 of 2011
Criminal Case No: HAC291 of 2011
Criminal Case No: HAC292 of 2011

STATE

v.

MACIU TAMANI

Hearing: 3rd November 2011
Sentence: 11 November 2011

Counsel: Mr. S. Vodokisolomone for State
Mr. J. Waqainabete for Accused

SENTENCE

[1] Maciu Tamani, you stand before this Court for sentence, after pleading guilty to the following offences:

HAC 290/2011

FIRST COUNT

Statement of Offence

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

Particulars of Offence

MACIU TAMANI with others on the 4th day of June 2011 at Suva in the Central Division robbed NIRDESH PRANIL PRASAD and stole cash totaling $46.00, one gold chain valued at $80.00, one mobile phone valued at $480.00, one wrist watch valued at $110.00, taxi meter valued at $200.00, all to the total value of $516.00 and immediately before the robbery did use personal violence on the said NIRDESH PRANIL PRASAD.

SECOND COUNT

Statement of Offence

THEFT OF MOTOR VEHICLE: Contrary to section 291(1) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

MACIU TAMANI with others on the 4th day of June 2011 at Suva in the Central Division, stole a taxi registration no. LT5320 the property of NIRDESH PRANIL PRASAD.

HAC291/2011

FIRST COUNT
Statement of Offence

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

Particulars of Offence

MACIU TAMANI with others on the 2nd day of June 2011 at Suva in the Central Division robbed ABDUL MUNAF SHAH and stole taxi meter valued at $200.00, cash totaling $126.00 all to the total value of $326.00 and immediately before the robbery did use personal violence on the said ABDUL MUNAF SHAH.

SECOND COUNT
Statement of Offence

THEFT OF MOTOR VEHICLE: Contrary to section 291(1) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

MACIU TAMANI with others on the 4th day of June 2011 at Suva in the Central Division stole a taxi registration no. LT108 the property of ABDUL MUNAF SHAH.

HAC292/2011

FIRST COUNT
Statement of Offence

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

Particulars of Offence

MACIU TAMANI with others on the 27th day of June 2011 at Suva in the Central Division robbed JINESHRI NAND and stole cash totaling $46.00, one Alcatel Mobile Phone all to the total value of $146.00 and immediately before the robbery did use personal violence on the said JINESHRI NAND.

SECOND COUNT
Statement of Offence

THEFT OF MOTOR VEHICLE: Contrary to section 291(1) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

MACIU TAMANI with others on the 27th day of August 2011 at Suva in the Central Division stole a taxi registration no. LT1646 the property of ALVIN PRASAD.

[2] The facts show the offences were planned and co-ordinated by you and your accomplices. All three victims were taxi drivers and were of Indian ethnicity. It is safe to infer that you targeted the victims because of their vulnerability as public service provider.

[3] On 2 June 2011 at 4.30pm, your co-accused hired Abdul Munaf Shah's taxi from Nabua. Your co-accused directed Shah to take him to Sukanaivalu Road to pick up his mother. When Shah reached Suva Muslim School, your co-accused grabbed hold of the victim's neck and managed to slow him down. You and another co-accused were waiting at the roadside. When the vehicle slowed down, you and your co-accused ran and got into the back seat of the taxi. You tied the victim's legs and hands and pulled him out of the taxi.

[4] You and your accomplices drove away in the victim's taxi. The taxi was later abandoned and found in Kinoya with damages to its fuel cap. You also stole the taxi meter valued at $200.00 and $126.00 cash from the victim.

[5] According to Shah's medical report, he was punched on the head, strangled by throat and kicked several times. He sustained swelling, tenderness and bruising over his head, neck and back. According to the report, the injuries were mild and due to blunt impact.

[6] Two days later, on 4 June 2011 at 4.30pm, you and your two accomplices, hired Nirdesh Pranil Prasad's taxi from Raiwaqa and took him to Suva Muslim School. The victim was pulled to the back seat, gagged and dumped at Suva Cemetery. You and your accomplices drove away in the taxi. The taxi was later found abandoned at Vishnu Deo Road. You also stole from the victim his taxi meter valued at $200.00, $46.00 cash, wrist watch valued at $110.00, mobile phone valued at $80.00 and gold chain valued at $80.00.

[7] Two months later, on 27 August 2011 at 8.30pm, you and your accomplices hired Jineshri Nand's taxi from Nabua. The victim was pulled to the back seat, gagged and threatened with a kitchen knife placed to his neck. The offenders stole his mobile phone valued at $100.00 and $46.00 cash.

[8] You were arrested on 1 September 2011 and interviewed under caution. You confessed to the robberies and thefts. None of the personal items of the victims were recovered. You have not told this Court what you did with the stolen items.

[9] Prasad and Nand gave evidence of the impact of the crime on them. Both victims drove taxis on contract. Their daily income is about $70.00. They gave $40.00 to the owner and took $30.00 for themselves.

[10] Prasad said the offenders placed a screw driver to his neck. They blindfolded him with a cloth and threw him to the back seat of the car. They placed him underneath their feet. They tied his hands with a wire. They stuffed a piece of clotth into his mouth and then wrapped his mouth with an insulin tape. They carried him to the cemetry and tied him to a tree. They threatened him that they were going to kill him. Fortunately, Prasad was able to untie his hands and run to a nearby petrol station for help. Prasad said he is now afraid to drive taxi.

[11] Nand spoke about a similar treatment. He was threatened with a kitchen knife, gagged with a plastic wire and driven to Vatuwaqa cemetry. They punched Nand to get him open his mouth. They stuffed a piece of cloth into his mouth to stop him from screaming. After driving him to few locations, they eventually dumped him into the bushes. He was kicked on his ribs.

[12] Nand said he thought he would be killed. Due to the incident, he stopped driving taxi. He is unemployd and is living on his wife's income. He has two children.

[13] You apologised to both Prasad and Nand in Court. Although none of the victims were seriously injured, they were subjected to emotional torture and inhumane treatment by a group of men. Gagging the victims with wires and stuffing cloth into their mouths were dangerous acts. The victims said the incidents were traumatic and have left a sense of distrust against young I Taukei men.

[14] You are 26 years old. Your counsel told the Court that you are married. You have a 1 year old son. You support your family by farming.

[15] You have 26 previous convictions since 2002. Most of your convictions are for house breaking and larcency. On 22 September 2011 you were sentenced to 21/2 years imprisonment for theft. Having regard to your previous convictions and the nature of offences you committed shortly after being released from prison in 2011, I consider you to be a threat to the community.

[16] For the purpose of sentencing in this case, I declare you to be a habitual offender pursuant to section 11 of the Sentencing and Penalties Decree.

[17] Sentences for robbery of taxi driver range from 4 years to 10 years imprisonment depending on force used or threatened (Joji Seseu v- State [2003] HAM043/03S (10 December 2003); Peniasi Lee v- State [1993] AAU 3/92 (apf HAC 16/91).

[18] Sentences for theft range from 1 year to 4 years imprisonment (Charlton Lanyon v. State [2004] HAA 42/04S 4 August 2004).

[19] The mitigating factors are your early guilty pleas and personal circumstances. By confessing and pleading guilty, you have expressed remorse and sought forgiveness from the victims.

[20] But, the offences you committed are serious and the aggravating factors are numerous. The victims were vulnerable and the attacks on them were in the course of their employment. The attacks were over a prolonged period of time by a group of men using weapons and having no concern whatsoever about the safety of their victims.

[21] When sentencing an offender for multiple offences, the Court must have regard to the total criminality involved. In this case, you committed three separate robberies over a period of three months involving three victims. The thefts of motor vehicles were part and partial of the robberies you committed. So I approach your sentence on the basis of the main offence of aggravated robbery.

[22] For each offence of aggravated robbery, I pick 10 years as my starting point. I add 4 years to reflect the aggravating factors but I off set that by giving you credit for early guilty pleas, remorse and personal circumstances.

[23] I sentence you to 10 years imprisonment for each count of aggravated robbery. I sentence you to 2 years imprisonment for each count of theft.

[24] I order all sentences including your pre-existing sentence, to be served concurrently. I further order you serve 8 years imprisonment before eligible for parole.

Daniel Goundar
JUDGE

At Suva
11 November 2011

Solicitors:
Office of the Director of Public Prosecutions for State
Office of the Director Legal Aid Commission for Accused