State v Sukanavanua - Sentence [2016] FJHC 488; HAC50.2014S (13 May 2016)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 50 OF 2014S

STATE

vs

MATAI SUKANAVANUA

Counsels : Ms. K. Semisi for State
Mr. J. Savou and Ms. K. Vulimainadave for Accused
Hearings : 4 and 5 May, 2016
Summing Up : 9 May, 2016
Judgment : 9 May, 2016
Sentence : 13 May, 2016

SENTENCE

1. In a judgment delivered on 9 May 2016, the court found you guilty and convicted you on the following information:
   

Statement of Offence

RAPE: Contrary to section 207 (1) and (2) (a) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

MATAI SUKANAVANUA on the 2oth day of December 2013 at Kanace Place, Valelevu, in the Central Division had carnal knowledge of T. R without her consent.

2. The brief facts were as follows. On 20 December 2013, you were 20 years old and the female complainant 29 years old. Both of you worked for a Garment Factory in the Valelevu area. On 20 December 2013, a Friday, your employer organized a Christmas and New Year’s break up party at your workplace. Liquor was consumed at the party. Both of you consumed liquor at the party. It was said that the complainant drank so much alcohol that she blacked out.
   
3. She came to in a friend’s bedroom in a house a few distance away from your workplace. She saw you ontop of her having sex with her without her consent. She told you to stop, but you continued to have sex with her, until she called for help. A friend of hers intervened and chased you out of the bedroom. According to the prosecution, you well knew she was not consenting to sex with you, at the time. The matter was reported to police. You were later charged, tried and convicted of the offence of rape.
   
4. “Rape” as a sexual offence, is at the top of the criminal calendar, as far as sexual offences were concerned. It involved an attack on a person’s dignity. It is also an attack on a person’s right to privacy. It intrudes into a person’s right to enjoy a quality life. Those who find themselves on the wrong side of the law must not expect leniency. The law makers of this country had prescribed a maximum sentence of life imprisonment for those found guilty of rape (see section 207 (1) of the Crimes Decree 2009). Previous case laws had set 7 to 15 years imprisonment as the tariff for the rape of an adult. However the actual sentence will depend on the mitigating and aggravating factors.
   
5. In this case, the aggravating factors, were as follows:
   • (i) Breach of Trust: The complainant saw you as a friend of hers, since you two worked together. She trusted you as a friend, and that’s why she drank liquor with you. She expected you to be civil with her. Yet you took advantage of her when she blacked out after consuming liquor. You knew she was incapable of consenting to sex with you as she was asleep. You then raped her. When she awoke and told you to stop, you continued raping her, until she called for help. You will have to serve a custodial sentence to atone for your misdeeds.
     
   • (ii) By offending against the complainant, you had shown utter disregard to her right as a human being, her right not to be harmed, and her right to a peaceful and quality life.
     
6. The mitigating factors, were as follows:
   • (i) At the age of 23 years, this is your first offence;
   • (ii) You had been remanded in custody for approximately 6 months.
     
7. I start with a sentence of 9 years imprisonment. I add 3 years for the aggravating factors, making a total of 12 years imprisonment. I deduct 6 months for time already served, while remanded in custody, leaving a balance of 11 years 6 months. For being a first offender, I deduct 2 years, leaving a balance of 9 ½ years imprisonment.
   
8. Mr. Matai Sukanavanua, for raping the complainant on 20 December 2013 at Kanace Place, Valelevu in the Central Division, I sentence you to 9 ½ years imprisonment, with a non-parole period of 7 years imprisonment, effective forthwith.
   
9. The name of the complainant is permanently suppressed to protect her privacy.
   

Salesi Temo

JUDGE

Solicitor for State : Office of the Director of Public Prosecution, Suva.
Solicitor for Accused : Legal Aid Commission, Suva.