State v Matasau - Sentence [2022] FJHC 179; HAC085.2021S (8 April 2022)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO. HAC 085 OF 2020S

STATE

vs

PITA MATASAU

Counsels : Mr. Z. Zunaid for the State
Accused in Person, but tried in Absentia.
Hearings : 4 and 5 April, 2022.
Judgment : 7 April, 2022
Sentence : 8 April, 2022.

SENTENCE

1. In a judgment delivered yesterday, you were found guilty and convicted of “aggravated robbery,” as shown in the following information:

“Statement of Offence

AGGRAVATED ROBBERY: Contrary to Section 311 (1) (a) of the Crimes Act 2009.

Particulars of Offence

PITA MATASAU & ANOTHER on the 15^th day of February, 2020 at Suva in the Central Division, in the company of each other stole 1x JI Ace mobile phone from MOHAMMED NAZIMUD DEAN and at the time of stealing from MOHAMMED MAZIMUD DEAN, used force on him.”

2. The brief facts, as found by the court, after a hearing were as follows. The complainant, Mr. Mohammed Nazimud Dean (PW1) had just got off a bus at a bus stop opposite Garden City, Raiwai, Suva. It was the 15^th February 2020, a Saturday, between 2.15 pm to 2.30 pm. He went through an alley passing the Raiwai Mosque. You and another youth approached him, tackled him to the ground and began punching and kicking him. You then snatched his mobile phone from his trouser ’s pocket and fled the crime scene, with your friend.
   
3. You were being observed by a niece of yours. She was PW2. She saw you and your friend punching and kicking the complainant, at the material time. She saw you steal the complainant’s mobile phone, and fled with the same. When passing your niece, you warned her not to report the matter to police. She later took the complainant to Raiwaqa Police Station, who reported the matter to police. You had evaded the court since 25 February 2021. Two weeks before trial, you were still trying to influence your niece not to identify you in court. You had been tried in absentia and convicted as charged.
   
   4. “Aggravated Robbery”, as a criminal offence, is viewed seriously by the law-makers of this country, and it carried a maximum sentence of 20 years imprisonment. For a spate of robberies, the tariff is a sentence between 10 to 16 years imprisonment: see Livai Nawalu v The State, Criminal Appeal No. CAV 0012 of 2012, Supreme Court of Fiji. With a single case of aggravated robbery, the tariff is now a sentence between 8 to 16 years imprisonment: see Wallace Wise v The State, Criminal Appeal No. CAV 0004 of 2015, Supreme Court of Fiji. The actual sentence will depend on the aggravating and mitigating factors.
      
   5. From the facts of this case, I don’t see any aggravating factor. This was a simple crime of opportunity by a lazy person who wishes to enjoy the fruit of other people’s labour by stealing their property.
   6. The mitigating factors were as follows:
      
      • (i) I see you had two previous conviction in 2016 for “damaging property” and “absconding bail.” I note you are 25 years old now, and this was your first “aggravated robbery” conviction.
      • (ii) You had been remanded in custody from 28 February to 26 June 2020, a period of approximately 4 months 1 day.
        
   7. The tariff in Wallace Wise –v- The State (supra) applied to your case, this being a single offence of “aggravated robbery”. I start with a sentence of 8 years imprisonment. For time already served while remanded in custody, I deduct 5 months, leaving a balance of 7 years 7 months. This being your first serious office at the age of 25 years, I deduct 3 years 7 months, leaving a balance of 4 years imprisonment.
      
   8. Mr. Pita Matasau, for violently robbing Mr. Mohammed Nazimud Dean of his mobile phone, on 15 February 2020, at Raiwai, Suva in the Central Division, I sentence you to 4 years imprisonment, with a non-parole period of 2 years imprisonment, effective from the time you are arrested by police.
      
   9. You have 30 days to appeal to the Court of Appeal.
      

Solicitor for State : Office of the Director of Public Prosecution, Suva
Solicitor for Accused : In Person