State v Naisara [2012] FJHC 1262; HAC27.2010 (7 August 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 27 OF 2010

BETWEEN:

THE STATE

AND:

JONE NAISARA

Counsels: Ms. S. Kiran for the State
Accused – In Person

Date of Sentence: 7th August 2012

SENTENCE

1. The Accused above named together with others charged with 2 counts of Aggravated Robbery punishable under Section 311 (b) of the Crimes Decree 44 of 2009.
   
2. When the case was called to take Plea the Accused Jone Naisara pleaded guilty to the charge and admitted to the Summary of facts submitted by the State.
   
3. According to the Summary of facts on the 29/03/2010 the Accused together with 5 others masked had entered the Lautoka Club. All were armed with cane knives, iron rod, pinch bar, spear (fishing spear) and stones. They have planned this robbery in the previous day. Initially they gain entry to the security guard who was at the booth. Assailants tied his mouth, legs and hands and robbed his wallet which contained $10.00.
   

Thereafter they gain access to the club and robbed cash $4,277.80 from the safe, 54 recharge cards for the value of $270.00, assorted liquor valued at $1,417.70, assorted snacks $129.30, assorted cigarettes valued at $186.40 and 3 poker boards $120.00. The total value of the loss was about $6,399.20.

After the arrest and search the Police have recovered $70.00 worth of items.

4. Being convinced with the Plea of the Accused to be unequivocal this Court found him guilty and convicted him on the 1st and 2nd counts as charged.
   
5. Section 311 Prescribes maximum of 20 years imprisonment.
   
6. Considering the tariff to this offence, in Guston F Kean v State (2011) FJHC 11 (12 August 2011) the Supreme Court endorsed between 8 – 14 years.
   
7. Considering the nature of the offence and the circumstances I commence your sentence at 8 years imprisonment.
   
8. Aggravating factors:
   
   • (a) Robbery took place at the night time;
     
   • (b) There were 6 – 7 people involved in the crime;
     
   • (c) Well planned and executed robbery
     
   • (d) Use of deadly weapons;
     
   • (e) Use of personal violence on the security guard;
     
   • (f) Extensive damage caused to the premises.
     

Considering above aggravating factors, I increase your sentence by 6 years now your sentence is 14 years imprisonment.

9. Mitigating Circumstances
   
   • (a) Your early Plea of guilty;
     
   • (b) You claim you are remorseful;
     
   • (c) You are 23 years old and wishes to follow your studies in catering;
     
   • (d) You claim you have to take care of your mother and younger sister who is in class 7;
     
   • (e) The Prison Authorities submit that you are undergoing rehabilitation and counseling programmes in which you show good improvements.
     

Considering mitigating circumstances I reduce your sentence by 8 years. Now your sentence is 6 years imprisonment.

10. You plead with Court to show leniency and give you another chance in your life. Considering the nature of the offence and your previous conduct I am unable to consider your request.
    
11. Anyhow your early plea and the rehabilitation programme needs some approval by the Court hence I act under Section 18(2) of the Sentencing & Penalties decree and refuse to impose a non Parole Period.
    
12. You have to earn your merits under the rules and regulation of the Prisons authority for early release.
    
13. You are sentenced to 6 years imprisonment without a non Parole Period. Your sentence will be operational from today.
    
14. 30 days to appeal to Court of Appeal.
    

S. Thurairaja
Judge

At Lautoka
7th August 2012

Solicitors: The Office of the Director of Public Prosecutions for State
Accused – In Person