State v Bilitaki - Sentence [2021] FJHC 293; HAC19.2021 (29 October 2021)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Crim. Case No: HAC 19 of 2021

STATE

vs.

SIONE MAHE COKANASIGA BILITAKI

Counsel: Mr. E. Samisoni for the State
Ms. M. Chand for Accused

Date of Hearing: 19^th October 2021
Date of Closing Submission: 20^th October 2021
Date of Judgment: 25^th October 2021
Date of Sentence: 29^th October 2021

SENTENCE

1. Mr. Sione Mahe Cokanasiga Bilitaki, you have been charged with one count of Aggravated Robbery, contrary to Section 311 (1) (b) of the Crimes Act, which carries a maximum penalty of 20 years imprisonment. The particulars of the offence are that:
   

COUNT 1

Statement of Offence

AGGRAVATED ROBBERY: contrary to section 311 (1) (b) of the Crimes Act 2009.

Particulars of Offence

SIONE MAHE COKANASIGA BILITAKI on the 20^th day of December, 2020 at Tacirua, Nasinu in the Central Division, being armed with an offensive weapon, stole 1 x black Toyota motor vehicle with the registration number of LT 4608, 1x Samsung mobile phone and $250.00 cash from AJNESH PRASAD.

2. Subsequent to the hearing, the Court found you guilty of the offence of Aggravated Robbery as charged and convicted to the same. It was proved during the hearing that you had stolen the items which belonged to the Complainant, as stated in the particulars of the offence. You had stabbed the Complainant on his chest with the kitchen knife before you stole those items. In addition to that, you had grabbed the Complainant on his neck during this incident.
   
3. This is a violent robbery committed on a taxi driver while he was providing his service to the public. Such violent armed robberies of taxi drivers are considered a very serious crime as they are exposed to such a risk due to the nature of their service to the public. Hence, the Court must focus on the principle of deterrence and the safety of the people in the sentencing of such offenders. Therefore, the purpose of this sentence is founded on the principle of deterrence and the protection of the community.
   
4. The tariff for Aggravated Robbery involving pubervice providers such as taxi drivers is four to ten years. (Usa v State [2020] FJCA 52; AAU81.2016 (15 May 2020), Cawi v S[2021] FJCA 12; AAU107.2019 (11 January 2021).&#160
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5. The Complainant, in his evidence, stated that this incident had adversely affected his life as he hachange his profession of taof taxi driving after this incident. You had used a substantial amount of physical force and violence on the Complainant by stabbing him on his chest with the kitchen knife. This is an opportunistic crime, which you had unleashed on the Complainant when you found an opportunity. Accordingly, I find the level of harm and culpability in this crime is substantively high.
   
6. You have not been adversely recorded with any previous convictions. However, there is no evidence or information before this Court to consider your general reputation in society and no information about any significant contribution you have made to the community. I consider your young age and previous good character as mitigating factors.
   
7. Considering the above-discussed reasons, I sentence you to six (06) years imprisonment for thence of Aggravated Robbery.
   
8. Having considered the seriousness of this crime, the purpose of the sentence, and your young age, I find four (4) years of the non-parole period would serve the purpose of this sentence. Hence, you are not eligible for parole for four (4) years pursuant to Section 18 (1) of the Sentencing and Penalties Act.
   

Head Sentence

9. Accordingly, Mr. Sione Mahe Cokanasiga Bilitaki, I sentence you to a period of six (06) years imprisonment for the offence of Aggravated Robbery, contrary to Section 311 (1) (b) of the Crimes Act. Moreover, you are not entitled to any parole for four (4) years pursuant to Section 18 (1) of the Sentencing and Penalties Act.
   

Actual Period of the Sentence

10. You have been in remand custody for this case for approximately eight (8) months before the sentence, as the Court did not grant you bail. In pursuant to Section 24 of the Sentencing and Penalties Act, I consider eight (8) months as a period of imprisonment that you have already served.
    
11. Accordingly, the actual sentencing period is five (5) years and four (4) months imprisonment with a nro-parole period of three (3)s and fob> four (4) months imprisonment.
    
Thirty (30) days to appeal to the Fijit of l.

..................................................

Hon. Mr. Justice R.D.R.T. Rajasinghe

At Suva

29^th October 2021

Solicitors

Office of the Director of Public Prosecutions for the State.

Office of the Director of Legal Aid Commission.