State v Bakani [2010] FJMC 126; Criminal Case 714 of 2008 (15 October 2010)

IN THE MAGISTRATES COURT
AT LAUTOKA
IN THE WESTERN DIVISION

CRIMINAL CASE NO.: 714/08

STATE

-v-

MACIU BAKANI

SENTENCE

1. You Maciu Bakani are to be sentenced upon pleading guilty to the charge of Robbery with Violence contrary to Section 293 (1) (b) of the Penal Code.

2. The maximum punishment for Robbery with Violence is imprisonment for life. The tariff for this offence now stands as 7-10 years as per the judgment in Manoa Baleinakeba –v- The State.
   
3. In this case it was revealed that you and another person grabbed the Complainant and stole his items on the 28th of September, 2008. You stole $12.00 cash, 3 ball pen, 1 shaving machine, toothpaste and a brush all to the total value of $43.39.
   
4. Although you are charged with a serious offence, the items you stole and the other circumstances seem to be very trivial in nature. If the court imposes an imprisonment, the Court has to impose a sentence between 7-10 years for this offence. According to the tariff limit for robbery with violence, the court cannot suspend the sentence too.
   
5. In mitigation you said this is your first offence and you are 23 years old. You said you finished your Electrical Engineering course at the Fiji Institute of Technology and now you are doing your practical at the Fiji Sugar Corporation. You said your father passed away 3 years ago and you are looking after your mother and your small brother. You asked for a second chance as you are just starting your career and said you will not re-offend. You further said that you will pay $100.00 compensation to the Complainant.
   
6. You are a young offender and you don't have a criminal history. Besides it appears that you have led your life after this incident in a meaningful manner and completed the education at the Fiji Institute of Technology. The court acknowledges the fact that offenders should be punished in an appropriate manner. But it should be proportionate to the crime as well. Also it is the duty of the court to consider the end result of sentencing you in this case. In the circumstances the court is compelled to impose a sentence which will not engulf your whole future.
   
7. I am of the view that this is a fit and proper case for this court to act under Section 44 of the Sentencing and Penalties Decree. Thus I decide to release you after conviction in order to make sure that you will lead a better life without any criminal activities.
   
8. Accordingly I adjourn the proceedings for 2 years and release your after conviction upon giving an undertaking to comply with the following conditions:
   
   1. You should appear on notice.
   2. You should not re-offend.
   3. You should be of good behavior for 2 years.
      

9. If the Court is satisfied after 2 years that you have complied with the above conditions, you will be discharged under Section 44 (b) of the Sentencing and Penalties Decree without further proceedings.

10. Further I order you to pay $100.00 compensation to the Complainant.

28 days to pay compensation/ to Appeal.

Rangajeeva Wimalasena
Resident Magistrate
Lautoka

15.10.2010