State v Doloura [2009] FJMC 25; Criminal Case 539.2009 (27 November 2009)

IN THE FIRST CLASS MAGISTRATE’S COURT
AT NAUSORI
FIJI ISLANDS

Criminal Case No: 539 of 2009

STATE

V

SERU DOLOURA

Before: Chaitanya Lakshman
Resident Magistrate

For Prosecution: Inspector Ali
Accused : Present

SENTENCE

Introduction

You are charged with Robbery with violence, Contrary to Section 293 (1) (b) of the Penal Code (Cap 17). The charge is that, you, Seru Doloura on the 8th day of October 2009 at Muaniweni, Naitasiri, in the Central Division, robbed Sneh Lata of cash $500.00 assorted re-charge cards valued at $78.00 and assorted cigarettes valued at $90.00 all to the total value of $673.00 and immediately before the robbery used personal violence to the said Sneh Lata.

The victim and her family operate a shop from their house. You robbed the victim and used personal violence on the victim by banging her head 3 times against the concrete wall and threw her on the floor. You stole assorted items from the victims shop. The victim was hospitalized at Suva Private Hospital. The victim has spent about one month in the hospital.

You on your own free will pleaded guilty to the offence that you are charged with. Your mitigation is as follows following:

- 33 years old.

- Married and have 3 children.

- Farmer.

- Seek forgiveness.

- Wife has given birth last 2 weeks – she had a caesarian operation.

- 3 children are very young.

- Have spent some time in remand.

The maximum penalty for robbery with violence is imprisonment for life.

The starting point for robbery with violence is set between 6-8 years depending on the nature of violence and use of weapon. Recently the High Court has started with higher starting points in robbery with violence cases. (Justice Madigan – State v. Isei Turagakule and Manasa Volau, HAC 057 of 2008)

The court starts with a sentence of 7 year for offence.

For the aggravating factors which include; the violence used on the victim and that the victim suffered serious injuries and had to be hospitalized for about a month. The Court is informed by the prosecution that the victim continues to attend hospital for treatment and review of the injuries she received due to the injuries the accused caused her. The victim and her family operate a small shop serving a rural community, in the absence of such shops the residents have to travel quite some distance to buy essential items, such shops provide essential items for the residents in the community and need protection, and for the aggravating factors the court increases the sentence by 18 months.

The Court cannot allow you any discount for your character as you have 5 previous convictions. The Courts need to protect the members of the community from people like you. You are a menace to the society and you need considerable counseling to value others, respect others life and property. You do not respect other person which is shown from your violent actions. You have created sheer terror for the victim. You caused her serious injuries.

The court notes your mitigation and the early guilty plea and the time you have spent in remand for this the court allows 6 months discount.

You are sentenced to 8 years imprisonment. 28 days to appeal.

Chaitanya Lakshman
RESIDENT MAGISTRATE
Nausori

27/11/09