State v Masikau - Sentence [2020] FJHC 529; HAC407.2018 (16 July 2020)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 407 OF 2018

STATE

-v-

1. MATEO MASIKAU
2. LEDUA JIUJIUWA

Counsel: Ms. M. Konrote for State

Mr. E Radio for 1^st Accused Ms. T. Kean for 2^nd Accused

Date of Sentence: 16 2020

SENTENCE

1. Mateo Masikau, Ledua Jiujiuwa, you were jointly charged wged with Aggravated Robbery onowing informaformation.
   

Statement of Offence

AGGED ROBBERY:&CoY:&Contro section 311 (1) (a) of the Crimes Act 2009.

Particulticulars oars of Offence

MATEO MASIKAU, LEDUAIUWA e company of another on the 25th day of October 2ber 2018 at Tiri Road Nadawa in the Centraentral Division, robbed SURENDRA PRASAD of one wallet containing $500.00 cash and one Nokia Mobile Phone the properties of SURENDRA PRASAD.

2. Both of you have pleaded guilty to the charge on your own free will. I am satisfied that the guilty pleas are informed and unequivocal. You understood and agreed the Summary of Facts read in court. The Facts satisfy the elements of Aggravated;Robbery aery as charged. Each of you are found guilty of Aggravated Robbery and convicted accordingly.
   
3. The Summary of FactsFacts agreed are as follows;

The 1^st Accused person – Mateo Masikau, 22 years of age, Unemployed, of Lot 18 Voce Road, Nadawa.

The 2^nd Accused person – Ledua Jiujiuwa, Fisherman, of Lot 23 Voce Road, Nadawa.

The complainant is Surendra Prasad hereafter referred to as PW1, 64 years old, Businessman, of Lot 9 Mana Place, Nadawa.

On the 25^th of October, 2018 at around 8am PW1 left his residence to catch the bus. PW1 waited for the bus in front of Babasiga Shop near the roundabout of Tiri Road. Whilst waiting for the bus PW1 was approached by the 1^st and 2^nd Accused persons who were accompanied by another person.

PW1 was shocked when the first accused grabbed him from behind and held him very tightly. PW1 then began to struggle and PW1 saw that the 2^nd Accused and the other boy then approached him. The 2^nd Accused began punching PW1 and PW1 fell to the ground. PW1 could then feel that the Accused persons were searching his pockets.

During the incident the Accused persons stole PW1’s wallet which contained $500. 00 and his Nokia Mobile Phone valued at $70.00. After robbing PW1 the group of three then ran away from the scene of the crime. The total value of items stolen is $570.00.

4. The maximum punishment&prescribecribed for Aggravat60;Robbery is 20 ye20 years’ imprisonment.
   
5. The tariff depends on the nature and circucircumstances of the robbery. This is not not a night time home invasion involving extreme form of violence and is a situation which would come within the type of street mugging cases. The adoption of the tariff in Wise [2015] FJSC 7 (24 April 2015)] does not seem to be appropriate to the present case. The Court of Appeal in Tawake v State [2019] FJCA 182; AAU0013.2017 (3 October 2019) held that the tariff for street mugging cases should range from 18 months to 5 years’ imprisonment.
   
6. There is a common basis in selecting the starting point for each one of you as the culpability level is the same. You have committed an opportunistic robbery without using any weapon or extreme violence. There are no serious injuries to the victim. Considering the objective seriousness of the offending and the degree of culpability, the harm and loss caused to the complainant I start your sentence with a startingt of 3 yf 3 years.
   
7. You have used force on a vulnerable lone ly pe(64 years) who was on the road on an early morninorning. Thg. This aggravated your offendIng. I would increase your by 1 ye 1 year to rt thct the aggravating circumstance of your offending.
   

Sentence&#or Maasikau (1^st Accused)

8. Mateo Masikau, you are young and 19 years of age when you committed the offence. You are a first offender. You were studying Light Automotive at Training & Productivity Authority of Fiji. You have pleaded guilty to the charge at the first available opportunity. I accept that you have been remorseful of your actions. You have saved time and resources of this court by tendering an early guilty plea. You say you were involved in a wrong crowd and was influenced by alcohol to commit this robbery. You seek another chance to rehabilitate yourselves and forgiveness of this court. You co-operated with police investigations. I have considered these strong mitigating factors in reaching your final sentence. You have beenemanremand for nearly 2 months. Your remand period will be separately discounted. For strong mitigating factors and the remand period, I give you a discount ofars to arrive at a sentence&#160 years’ 217; imp; imprisonment.
   
9. Having considered your youth, clean record and your willingness to rehabilitate, a partial suspend sentence is warranted in caur case. Accordingly, you are to serve only 6 months in prison effective from today. The remainder of the sentence

Sentence for Ledua Jiujiuwa (2^nd Accused)



10. Ledua Jiujiyou are young and 20 years of age when you committed the offence. You are a first offender.nder. You were enrolled into the Fiji Maritime Academy to follow a course before you were remanded. You completed a diploma in 2017. You have pleaded guilty to the charge at the first available opportunity. I accept that you have been remorseful of your actions. You have saved time and resources of this court by tendering an early guilty plea. You seek another chance to rehabilitate and forgiveness of this court. You co-operated with police investigations. For strong mitigating factors, I give you a discount of 2 years to arrive at a sentence<60;of 2 years&ears’ imprisonment.
    
11. Having considered your youth, the long period of remand, the clean record and your willingness to rehabilitate, I suspend your sentenr a period of 2 yearsyears. Accordingly the remainder of the sen is suspendepended for 2 years with effect fromy.
    
13. Summary
    
Matsikau, you arou are sentenced to 2 years’ im7; imprisonment. You are to serve only 6 months in prison effective from today. The remainder of the sente160;is suspended for afor a period of 2 years.



Ledua Jiujiuwa you are seed toars’ i17; imprisonmisonment. Your whole sentence is suspenor for a period of 2 years with effect from today.

14. T14">The purpose, effect and the consequenc the suspended sentence aree are now explained to you.
    
15. 30 days to appeal to the Court of Appeal.







Aruna Aluthge



At Suva
16 July 2020




Counsel: Office of the Dor ofic Prosecution for State.

Office of the Legal Aid Commission for Deor Defencefence.