State v Kaci - Sentence [2015] FJHC 752; HAC084.2014 (9 October 2015)

IN THE HIGH COURT OF FIJI
CRIMINAL JURISDICTION
AT LAUTOKA

CRIMINAL CASE: HAC 084 OF 2014

BETWEEN :

STATE

AND:

SIRELI KACI

Counsel : Mr. J. Niudamu for State
Mr. R. Kumar for the Accused

Date of Hearing : 01st of October 2015
Date of Summing Up : 5th of October 2015
Date of Judgment : 6th of October 2015
Date of Sentence : 9th of October 2015.

SENTENCE

1. You, Sireli Kaci stands convicted for one count of rape contrary to section 207(1) and 207(2)(a) of the Crimes Decree, which carries a maximum penalty of life imprisonment.
   
2. Subsequent to the hearing of this charge and the unanimous guilty verdict of the three assessors, the court found you guilty and convicted for this offence of rape.
   
3. It was proved at the conclusion of the hearing that you waited for the victim which whom you had an extra marital relationship, at the Lautoka Club, when she was going home after work around 10 p.m. on the 2nd of November 2012. You were drunk and wanted to talk to her. She refused to talk with you. You then pulled her down and assaulted her. You then took a broken bottle of beer and threatened her with it. Thereafter, you removed her clothes and has had sexual intercourse with her. Subsequently, you took the complainant in the taxi and dropped her few meters away from her home.
   
4. This is a case of an acquaintance rape, which is commonly known as "date rape". It is a form of sexual coercion where a known person, a romantic or sexual partner, forcefully have sexual intercourse with the victim. This is indeed one of the worse forms of sexual offences, which infringes the victim's life, physically and emotionally.
   
5. Having considered the section 4 (1) of the sentencing and penalties decree, I find that the main purpose of this sentencing must be founded on the principle of deterrence. It is a responsibility of the court, to demonstrate the grave seriousness of the offences of this nature to the public in sentencing. I am mindful of the principle of rehabilitation; however, the court must give priority to deter the offenders and other persons from committing offences of this nature, while preserving the principle of rehabilitation.
   

6. Tariff for the offence of rape ranges from 7 years to 15 years (State v Marawa[2004] FJHC 338; HAC 0016T.2003S (23 April 2004), The State v Navauniani Koroi (unreported)App Case No. HAo. HAA0050.2002S, The State v Samu Seru (unreportuva Crim. Case No.e No. HAC0021.2002S, State v Oteti Sivona Crim Case No 207 of 2011)

7. Having considered the nature of this offs offending and the seriousness surrounded it, I select 7 years as thas the starting point.

8. You forcefully pushed her down and assaulted her, when she refused to talk to you. You then threatened her with a broken beer bottle before you commit this crime on her. You breached and abused the trust that the victim had for you as her boyfriend. I consider these reasons as aggravating factors of this offence.

9. I now turn to consider mitigating factors for you. You have no previous convictions. The learned counsel of the defence submitted that you are 49 years old and have seven children. The counsel further submitted that you are the sole breadwinner.

10. Having considered the above mentioned aggravating factors, I increase 1 years to reach 8 years of interim imprisonment period. In considering the mitigating factors which I discussed above, I reduce 1 year to reach the final sentence of 7 years for the offence of rape.

11. Accordingly, Mr. Sireli Kaci, I sentence you seven (7) years of imprisonment period for the offence of rape contrary to section 207(1) and 207 (2) (a) of the Crimes Decree. In pursuant of section 18 (1) of the Sentencing and Penalties Decree, you are not eligible for parole for a period of 5 years.

12. 30 days to appeal to Court of Appeal.

R. D. R. Thushara Rajasinghe
Judge

At Lautoka
9th of October 2015

Solicitors : Office of the Director of Public Prosecutions Office of Legal Aid Commission