State v Sauqaqa [2012] FJHC 36; HAC007.2012 (24 January 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 007 OF 2012

BETWEEN:

STATE

AND:

JONE SAUQAQA

Ms. S. Puamau for the State

Accused in person

Dates of Hearing : 20th January, 2012

Date of Sentence : 24th January, 2012

SENTENCE

[Robbery & Theft]

[1] On the 20th January 2012, the accused pleaded guilty in this Court to one count of aggravated robbery, contrary to Section 311(1) (a) of the Crimes Decree 2009 and one count of Theft contrary to Section 291(1) of that Decree.

Being charged with two others the charges read:

COUNT 1

Statement of Offence (a)

AGGRAVATED ROBBERY: Contrary to Section 311(1) (a) of the Crimes Decree, 2009.

Particulars of Offence (b)

JONE MOMOSEWA SAUQAQA, INOKE NAKOSAKOSA and VILIAME RATULEVU, on the 28th day of December 2011 at LAUTOKA in the Western Division, in company with each other, stole $35.00 cash and a "Nokia" mobile phone valued at $250.00 from AATISH CHAND, and immediately before committing the theft, the said JONE MOMOSEWA SAUQAQA, INOKE NAKOSAKOSA and VILIAME RATULEVU assaulted the said AATISH CHAND with intent to commit theft.

COUNT 2

Statement of Offence (a)

THEFT: Contrary to Section 291(1) of the Crimes Decree, 2009.

Particulars of Offence (b)

JONE MOMOSEWA SAUQAQA, INOKE NAKOSAKOSA and VILIAME

RATULEVU, on the 28th day of December 2011 at Lautoka in the Western Division, dishonestly appropriated a TOYOTA LITEACE VAN registration number ES 173 from AATISH CHAND, with the intention of permanently depriving the said AATISH CHAND of the said TOYOTA LITEACE VAN.

[2] He confirmed assent to a set of facts that had been put to him in the Court below and he was consequently found guilty and convicted of the two offences.

[3] The facts admitted were;

On the 28th December 2011 at 2345hrs the accused with 3 others hired a vehicle to drive them to Lovu, Lautoka. At Vatamai Road in Lovu the accused and his two co-accused assaulted the driver and stole cash and a Nokia cell phone.

They pulled the driver out of his seat and loaded him into the back seat. This accused then drove the van towards Vitogo. Police noticed the van because its lights were off and they followed it. The accused and two others jumped from the van and ran away. They were arrested on information received and interviewed when they all admitted the offence.

[4] The accused is 26 years old, single, a farmer, but presently unemployed. He is a first offender and expresses remorse and asks for forgiveness. He asks for a second chance and says he was perverted by alcohol and peer pressure.

[5] Aggravated robbery, like the old offence of robbery with violence is a very prevalent offence in Fiji to the extent that harsh sentences are handed down in an attempt to diminish the currency of the offence.

[6] Sentence for this offence is now commonly seen to be within ten to fifteen years depending on the degree of violence (Basa AAU0024/04; Rokonabete HAC 118/07 and Rasaqio HAC 115/07).

[7] Robbery of a taxi driver or a van driver plying for hire must attract a term of at least 12 years. Drivers at night must be protected from wanton violence.

[8] Tying up a driver and throwing him in the back seat must have been rather a terrifying ordeal for him, however there is no evidence before me of any violence or injury to him.

[9] I take as a starting point a term of 12 years and I add to that three years for the aggravating features which are:

(i) attack on a career driver

(ii) late night robbery.

[10] From the total of 15 years I deduct five years to represent the pleas of guilty, the remorse and the fact that he is a first offender.

[11] The maximum penalty for theft under the Crimes Decree is imprisonment for ten years. A theft committed along with an aggravated robbery must always attract a concurrent term of imprisonment, save in exceptional circumstances; for example the theft of property belonging to a person not being under threat. The value of the property stolen here is not large and I therefore sentence him to a term of two years for the theft, to be served concurrently with the robbery sentence.

[12] The accused will serve a total term of ten years imprisonment with a minimum to be served of eight years.

P.K. Madigan
JUDGE

At Lautoka
24th January, 2012