State v Raitamata [2012] FJHC 919; HAC012A.2010S (24 February 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 012A OF 2010S

STATE

vs

JOSUA RAITAMATA

Counsels: Mr. Y. Prasad for State
Accused – In Person
Hearings: 7th to 10th and 16th to 18th November, 2011
Summing Up: 21st November, 2011
Judgment: 21st November, 2011
Sentence: 24th February, 2012

SENTENCE

1. In a judgment delivered on 21st November, 2011, the court found Josua Raitamata guilty of the following offences; first, "conspiracy to commit a felony, namely robbery", contrary to sections 385 and 293(1)(b) of the Penal Code, Chapter 17; and second, "receiving stolen property", contrary to section 313(a) of the Penal Code. The court convicted Mr. Raitamata of the two offences.
   
2. Briefly the facts were as follows. The accused came out of prison sometime on 6th or 12th August 2009. While in prison, the accused was always talking about the delivery of cash to Lokia Shopping Centre, at Nausori, with a fellow inmate, namely Eparama Nagalu. Mr. Nagalu came out of prison in 2005. On 23rd August 2009, Mr. Nagalu and the accused drank grog together, at Mr. Nagalu's house, and planned to rob Lokia Shopping Centre. On 24th August, 2009, the two went to Nausori town, and checked the Lokia Shopping Centre, and how its staff took its cash around.
   
3. On 7th September, 2009, Nizal Buksh, a director of Lokia Shopping Centre, was violently robbed of $74,000 cash and $6,000 cheques, at Nausori. Mr. Buksh and some employees chased the robbers, and caught one with $24,000 cash on him. The others fled and $50,000 cash and $6,000 worth of cheques, were unrecovered. On 13th September 2009, the accused was caught giving $2,360 cash to his girlfriend. He was arrested by police and caution interviewed. He admitted he received the money from one Eparama Nagalu, and he knew the same was stolen.
   
4. The offence of "conspiracy to commit a felony, namely robbery", is a serious offence, and carries a maximum penalty of 7 years imprisonment. (Sections 385 and 293(1)(b) of the Penal Code, Chapter 17). The tariff for this offence appears to be a sentence between 12 months to 3 years imprisonment: Tulsi Ram v Reginam [1984] AAU 14/84; Vinod Prasad v State [1987] AAU 10/86 and Isikeli Kini v The State [2004] AAU 0041/02. The actual sentence will depend on the aggravating and mitigating factors.
   
5. The offence of "receiving stolen property", is also a serious offence and carries a maximum penalty of 14 years imprisonment. (Section 313(1)(a) of the Penal Code). The tariff for this offence appears to be a sentence between 12 months to 4 years imprisonment: Tukai Taura v State [2003] HAA 103 and 104 of 2002; Ilaitia Tuwere Turaga v The State [2002] HAA 082/02S; Jesoni Tabakau v State [2003] HAA 19/03S and R v Webbe [2002] 1 Cr. App. R. 22. The sentence will depend on the aggravating and mitigating factors.
   
6. The mitigating factors were as follows:
   
   • (i) The accused is 43 years, single and supporting his 11 years old daughter;
     
   • (ii) Farmer in his village;
     
   • (iii) You've been remanded in custody since 15th November 2011, ie. about 3 months.
     
7. The aggravating factors were as follows:
   
   • (i) The accused was closely involved in the robbery at Lokia Shopping Centre on 7th September 2009, by conspiring with one Mr. Eparama Nagalu, to rob the shopping centre, the consequence of which he was found guilty on count No. 1;
     
   • (ii) The money the accused received was the proceeds of a very violent robbery on Lokia Shopping Centre, on 7th September 2009. When he received the money, the accused knew the money was part of the robbery loot;
     
   • (iii) $50,000 cash was unrecovered from the Lokia Shopping Centre robbery on 7th September 2009, and it was highly possible that the accused profited a lot by it.
     
8. On count No. 1, I start with a sentence of 18 months imprisonment. I add 18 months for the aggravating factors, making a total of 3 years imprisonment. I deduct 1 year from the 3 years for the mitigating factors, leaving a balance of 2 years imprisonment. On count No. 1, I sentence the accused to 2 years imprisonment.
   
9. On count No. 2, I start with 2 years imprisonment. I add 3 years for the aggravating factors, making a total of 5 years. I deduct 2 years for the mitigating factors, leaving a balance of 3 years imprisonment. On count No. 2, I sentence you to 3 years imprisonment.
   
10. There is a need for deterrence in this case. People must be taught not to take a short cut in earning their living. The majority of people in Fiji work hard to earn their living. The accused freely choose to live a life of crime, which saw him spending most of his time in prison, between 1987 and 2004. When he came out of prison in August 2009, he immediately launched himself into further criminal activities ie. the present offences. He needs to learn a lesson in life. Crime does not pay. I make the sentence in Count No. 1 (2 years) consecutive to the sentence in Count No. 2 (3 years). Total sentence is 5 years imprisonment.
    
11. I sentence you, Mr. Josua Raitamata, to 5 years imprisonment. You are to serve a non-parole period of 4 years imprisonment. I order so accordingly.
    

Salesi Temo
JUDGE

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