State v Tokalaulevu [2010] FJMC 60; Criminal Case 371 of 2009 (8 June 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 371 of 09

BETWEEN

THE STATE

AND

ANARE TOKALAULEVU

SENTENCE

1. You, Anare Tokalaulevu 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 this offence is life imprisonment. In this case I pick my starting point as 4 years.
   
3. It was revealed that on the 26th July 2009 you with others have broke in to the ware house of the Inland Revenue Customs Authority and stole 11 laptops, assorted liquor and cigarettes all to the total value of $ 28,243. You have grabbed the security officer from the back and have locked him inside a room. Then you have entered the ware house to steal the above items.
   
4. I have observed the following aggravating circumstances in this case.
   
   1. The offence is a well planned one
      
   2. You have broken in to a state owned ware house namely the Inland Revenue and Customs Authority
      
   3. Personal violence was used on the security officer
      
   4. The offence is committed by a gang of men
      
   5. Value of the property stolen is high
      
   6. The prevalence of violent robberies in our community
      
5. Further the prosecution informed court that you have 33 previous convictions. You have admitted only 31 previous convictions. Thus I disregard the two convictions you did not admit. Most of your previous convictions are for similar offences.
   
6. For the aggravating circumstances in this case I enhance the sentence by 12 months.
   
7. In mitigation you said court that you are from a broken family and you were influenced by the misbehaviours of your friends. You said that you have two sons and the elder son was hospitalized twice for treatments and now he is cured with herbal medicine. You said you want to see your sons grow without going through the same experiences you went through. You said they need the mother's and the father's love. You ask for forgiveness and you said that you have realized the seriousness of your crimes.
   
8. You called a witness to give evidence on your behalf in mitigation. He said that he grew up with you since your childhood. He said he spent sometime in prison with you. He said since 2005 he was following you in his youth programmes. He said that he has seen a lot of changes since you were bailed out from this case. You were bailed out on the 07th January 2010. He said that you want to live a better life.
   
9. It was informed that all the items robbed has been recovered. You have admitted the offence and I consider it as a co-operation with the police. You have pleaded guilty, although you waited until the case was fixed for hearing.
   
10. It appears that you are remorseful of your actions. Further it appears that you have realized the seriousness of the crimes you have committed. Apart from that I have taken your personal circumstances as clear mitigatory factors.
    
11. Thus for the mitigatory circumstances in this case I reduce your sentence by 12 months.
    
12. Accordingly I impose a 4 years imprisonment on you. You are eligible for parole after 36 months.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka
08.06.2010.