State v Rokobai [2016] FJHC 855; HAC177.2016 (20 September 2016)

THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 177 OF 2016

STATE

vs

1. EPELI NAYACAKURU ROKOBAI
2. ANARE SIKOA

Counsel : Ms Chowdhary for the State

Ms Namrata Mishra for the 1^st Accused

Ms Swarvana Prakash for the 2^nd Accused

Hearing : 15^th September 2016

Sentence : 20^th September 2016

SENTENCE

___________________________________________________________________________

[1] The two accused, EPELI NAYACAKURU ROKOBAI and ANARE SIKOA were charged by the DPP for Aggravated Robbery, contrary to Section 311(1)(b) of the Crimes Decree No. 44 of 2009 for being armed with cane knives threatened Kesaia Nailava and stealing $1659.38 cash belonging to Total Service Station.

[2] On 11^th August 2016, the two accused pleaded guilty to the charge when Counsel were present. The matter was adjourned to tender summary of facts to 25^th August and upon a direction by Court that summary of facts to be prepared both in iTaukei and English, the matter was mentioned again on 1^st September 2016.

[3] On that day, the accused, with the assistance of their Counsel, agreed to the summary of facts when it was read over to them. Thereafter, this Court, having already verified with the accused that they pleaded guilty to the charge unequivocally and also upon their own free will and with their agreement to the summary of facts, convicted the two accused for the commission of the offence of Aggravated Robbery.

[4] EPELI NAYACAKURU ROKOBAI and ANARE SIKOA, both of you admitted that on 19^th April 2016 at about 10.30 p.m., in the company of another masked man, whilst being armed with cane knives, you have threatened Kesaia Nailava and stole $1659.38 cash belonging to Total Service Station. Both of you admitted your actions at the caution interview.

[5] Aggravated Robbery is a serious offence. The maximum sentence is 20 years of imprisonment. The tariff for Aggravated Robbery is a sentence between 8 to 16 years, as established by the Apex Court in Wise v State CAV 0004/2015 on 24^th April 2015 and it was later endorsed again in Bonaseva v State [2015] FJSC 12.

[6] The aggravating factors are that both of you committed this offence with prior planning and in a gang, while being masked. I agree with the State that you should be punished with a sentence which indicates that this Court strongly denounces this type of offending.

[7] In mitigation, in relation to the 1^st accused, I consider that you are an 18 year old first and young offender with previous good character. You had limited opportunity for proper education, and sell coconuts to earn $30.00 per week to support your mother.

[8] The 2^nd accused is also a 19 year old first and young offender, unemployed and also had limited opportunity for education.

[9] Considering the nature of offending, I start with a 10 years of imprisonment on each of you and, in view of the aggravating factors, I proceed to add 5 more years. Mitigation of both accused makes their entitlement to 18 months reduction of the sentence on each of them. Your sentence after adjustment of aggravation and mitigation becomes 13 years and six months.

[10] You pleaded guilty to the offence on the first available opportunity and thereby saved valuable Court time. In considering you early guilty plea, I give you a 1/3 reduction off the sentence of 13 years and six months, thereby leaving a total 9 years of imprisonment.

[11] Both of you were in remand for about 5 months since your arrest. I reduce a six month period on your sentence. I further impose a non- parole period of 6 years and 6 months.

[12] The final sentence imposed on each of you is as follows;

1^st Accused

Head Sentence : 8 years and 6 months

Non-parole Period : 6 years and 6 months.

2^nd Accused

Head Sentence : 8 years and 6 months

Non-parole Period : 6 years and 6 months.

[13] You have 30 days to appeal to the Court of Appeal.

ACHALA WENGAPPULI
JUDGE

At Suva
This 20^th Day of September 2016

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