State v Gonevou - Sentence [2015] FJHC 397; HAC147.2013S (29 May 2015)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 147 OF 2013S

STATE

vs

1. TEVITA GONEVOU
2. JOELI SOAQALI
3. PETERO TUIVAKALEA
   

Counsels : Ms. S. Navia for State
Ms. S. Vaniqi for Accused No. 1
Accused No. 2 in Person
Mr. R. Vananalagi for Accused No. 3

Hearings : 13 to 17, 21 and 22 April, 2015
Summing Up : 24 April, 2015
Judgment : 24 April, 2015
Sentence : 29 May, 2015

SENTENCE

1. In a judgment delivered on 24 April 2015, the court found each of you guilty and convicted each of you on the following information:
   

Statement of Offence

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

Particulars of Offence

TEVITA GONEVOU, JOELI SOAQALI and PETERO TUIVAKALEA on the 2nd day of April, 2013 at Pacific Harbour in the Central Division, stole $45,281.57 cash from CHANDRESHWARAN GOUNDAR.

2. The brief facts of the case were as follows. Accused No. 1, through a contact in the complainant's supermarket business, knew how the complainant does his banking at BSP Bank Pacific Harbour, and the amount of money involved. He planned to rob the complainant's supermarket earnings from the 2013 Easter weekend. On 1 April 2013, Accused No. 1 contacted Accused No. 2 and planned with him on how to rob the complainant. Accused No. 2 brought Accused No. 3 with him, to assist in the aggravated robbery on the complainant.
   
3. On 2 April 2013, in accordance with their plan, Accused No. 2 and 3 waited near the Pacific Harbour Post Office, to await the complainant's banking run. Accused No. 1 was nearby to assist the two. When the complainant's banking run arrived, Accused No. 3 ran towards the complainant and grab his bag containing $45,281.57. They struggled and fell into a drain. Accused No. 3 punched the complainant in the face. Accused No. 2 approached the two. He picked up a stone and hit the complainant's head with it. He was injured. The complainant let go of the bag. Accused No. 2 and 3 fled with the bag containing $45,281.57 into the bush. For the above actions, all three accuseds were charged with aggravated robbery.
   
4. The law makers of this country consider "aggravated robbery" a serious offence, and had prescribed it a maximum sentence of 20 years imprisonment. For a spate of robberies, the tariff had been set between 10 to 16 years imprisonment: per His Lordship the Hon. Chief Justice in Livai Nawalu v The State, Criminal Appeal No. CAV 0012 of 2012, Supreme Court, Fiji (28 August 2013). For a single case of aggravated robbery, the tariff had been set between 8 to 16 years imprisonment: per His Lordship the Hon Chief Justice in Wallace Wise v The State, Criminal Appeal No. CAV 0004 of 2015 (24 April 2015). Of course, the final sentence will depend on the aggravating and mitigating factors.
   
5. In this case, the aggravating factors were as follows:
   
   • (i) This aggravated robbery was well planned by the accused from the point of intelligence gathering, picking the date of the attack, identifying the people to be robbed, the actual robbery, and fleeing from the crime scene. The plan started in 2012 and was executed after the 2013 Easter Weekend.
     
   • (ii) A weapon was used by Accused No. 3, that is, a stone was used to injured the complainant's head, forcing him to let go of the bag containing $45,000 plus. The complainant suffered head injuries which had to be attended to, after the robbery.
     
6. The mitigating factors were as follows:
   
   • (i) For Accused No. 2 and 3, they had been remanded in custody pending trial since 5 April 2013, that is, approximately 2 years 1 month 24 days ago.
     
   • (ii) For Accused No. 3, at the age of 29 years, this was his first offence;
     
   • (iii) All the accuseds have been waiting since 19 April 2013 for their case to be tried, and the anxiety and worry over the same, is a punishment in itself.
     
   • (iv) Although the majority of the money stolen was recovered (ie. about $41,000), this was not due to the effort of the accuseds, but the police, who seize the same from Accused No. 2 and 3, so soon after the robbery.
     
7. I start with a sentence of 10 years imprisonment. For the aggravating factors, I add 3 years, making a total of 13 years imprisonment for each of you. For Accused No. 2 and 3, I deduct 2 years 2 months for time already served, while being remanded in custody, leaving a balance of 10 years 10 months imprisonment each. For mitigation 6 (iii) and 6 (iv), I deduct 1 year each from each accused, leaving 12 years for Accused No. 1, and 9 years 10 months for Accused No. 2 and 3. For being a first offender, I deduct another 1 year away from Accused No. 3, leaving a balance of 8 years 10 months.
   
8. Your final sentence are as follows:
   

(i) Accused No. 1 : 12 years imprisonment;

(ii) Accused No. 2 : 9 years 10 months imprisonment;

(iii) Accused No. 3 : 8 years 10 months imprisonment.

9. Mr. Tevita Gonevou (Accused No. 1), Mr. Joeli Soaqali (Accused No. 2) and Mr. Petero Tuivakalea (Accused No. 3), for violently robbing Mr. Chandreshwaran Goundar on 2 April 2013, at Pacific Harbour in the Central Division, I sentence you as follows:
   

(i) Accused No. 1	12 years imprisonment, with a non-parole period of 10 years, effective forthwith;
(ii) Accused No. 2	9 years 10 months imprisonment, with a non-parole period of 8 years, effective forthwith;
(iii) Accused No. 3	8 years 10 months imprisonment, with a non-parole period of 7 years, effective forthwith

Salesi Temo

JUDGE

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

Solicitor for Accused No. 1 : Vaniqi Lawyers, Suva

Solicitor for Accused No. 2 : In Person

Solicitor for Accused No. 3 : R. Vananalagi, Barrister & Solicitor, Suva.