State v Tukai [2012] FJHC 1018; HAC070.2008 (13 April 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 070 OF 2008S

STATE

vs

LEDUA TUKAI

Counsels : Mr. J. Niudamu for the State
Accused In Person
Hearing : 10th April, 2012
Sentence : 13th April, 2012

SENTENCE

1. On 10th April, 2012, you waived your right to counsel, and said that you will represent yourself. The following information was put to you:
   

Statement of Offence

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

Particulars of Offence

LEDUA TUKAI together with Another, on the 9th day of May, 2008 at Suva in the Central Division robbed SHIVAM NAIDU s/o JOHN BHARAT of a nokia mobile phone worth $230 and immediately before such robbery, used personal violence on the said SHIVAM NAIDU.

2. You pleaded guilty to the offence. The prosecution read his summary of facts. It was basically as follows. You and another were walking along Victoria Parade, Suva on 9th May, 2008, at about 10.10pm. The complainant was also walking along the same street, at the same time. You were drunk at the time. Suddenly, you pushed the complainant on the mouth to the ground. While the complainant was on the ground, your accomplice stole his mobile phone, worth $230. You admitted that at the spur of the moment, you two acted as a group, in forcefully robbing the complainant. The complainant reported the matter to the police. You two were arrested on the same night, and the mobile phone was recovered from your accomplice. The complainant suffered abrasions to his lip and elbow.
   
3. The above facts were put to you, and you admitted the same. You admitted that, in the spur of the moment, you and your accomplice forcefully robbed the complainant of his mobile phone, worth $230. You admitted you and your accomplice, acted as a group at the time. As a result of the above, the court found you guilty as charged, and convicted you accordingly.
   
4. I note that you have 3 previous convictions of "drunk and disorderly", "damaging property" and "larceny" since 2006. I have noted your antecedent report, and your written and verbal plea in mitigation.
   
5. Robbery with Violence is a serious offence, and it carries a maximum sentence of life 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 will depend on the aggravating and mitigating factors.
   
6. The aggravating factors are:
   
   • (i) By pushing the complainant to the ground, and your accomplice stealing his mobile phone, you showed utter disrespect to the complainant's right to be left alone, including his property rights;
     
   • (ii) By committing the offence, you showed utter disregard to the complainant's safety, including his dignity.
     
7. The mitigating factors are as follows:
   
   • (i) This is your first "robbery with violence" conviction, at the age of 28 years;
   • (ii) During the offending, the force used by you was minimal, that is, pushing the complainant to the ground;
   • (iii) Complainant suffered no serious injuries;
   • (iv) You were not the one that stole the complainant's mobile phone;
   • (v) The complainant's mobile phone was recovered;
   • (vi) You pleaded guilty, although this was 3 years 10 months after the first call – in any event, you have saved the court's time;
   • (vii) You were once living in a de facto-relationship with 2 young kids to support, including an elderly mother. You have expressed a desire to turn a new leaf to look after your family.
   • (viii) You have been remanded in custody from 20th May 2011 to today, that is, approximately 11 months.
     
8. I start with a sentence of 6 years imprisonment. I add 6 months for the aggravating factors, making a total of 6½ years imprisonment. For the mitigating factors, I deduct 6½ years imprisonment, leaving 0 imprisonment.
   
9. You have spent approximately 11 months in custody while awaiting your trial on 10th April 2012. In my view, taking into account the normal 1/3 discount when given a prison sentence, you have served approximately 18 months in prison, while being remanded in custody for 11 months. In my view, you have served your sentence. There is no need for any further punishment. You were convicted on 10th April 2012, and I now formally discharge you. You are free to go home. I order so accordingly.
   

Salesi Temo
JUDGE

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