State v Sadrugu [2012] FJMC 157; Criminal Case 17.2012 (16 July 2012)

IN THE MAGISTRATE'S COURT OF FIJI
AT NADI
[EXTENDED CRIMINAL JURISDICTION]

Criminal Case No.17/12

THE STATE

Vs

SIONE SADRUGU

Cpl. Naidu for prosecution

Accused in person

Date of Sentence: 16. 07. 2012

SENTENCE

1. You are jointly charged with one count of AGGRAVATED ROBBERY contrary to section 311 (1) (a) of the Crimes Decree No.44 of 2009.
   
2. Aggravated robbery is an indictable offence PURSUANT to section 311 of the Crimes Decree. However, the High Court has remitted the case back to this court for disposal after investing this court with the jurisdiction to try this offence.
   
3. You pleaded guilty to the charge when the charge was read and explained to you and after you confirmed that you understood the charge. You told that you are pleading guilty to the charge on your own volition.
   
4. A summary of facts was submitted by the prosecution, which was put to you and you admitted the facts stated therein. The prosecution handed up a copy of it to court.
   
5. I have reviewed the facts against the particulars of the offence charged in this case, and I am satisfied that it supports the essential elements of the charge in the information laid against you by the prosecution.
   
6. Therefore I convict you as charged for the offence of aggravated robbery.
   
7. The facts of this case were that: at about 0600hrs on 24 December 2011 you together with two others robbed one Isikeli Bainikoro, the complainant of his bag valued at 60.00 and cash $30.00 all to the total value of $90.00 and immediately after the robbery assaulted the complainant.
   
8. On that day the complainant was waiting for transport to Sabeto. Then you approached him with others and grabbed his wallet containing cash $30.00, assaulted him and ran off. The wallet was recovered from your house. The cash was used for buying liquor.
   
9. Aggravating features were that: preplanning, interfering with the personal liberty of the complainant, mental trauma caused to the complainant and total disrespect to the property right of the complainant.
   
10. Mitigating factors were that: early guilty plea, remorse, previous good character and recovery of bag.
    
11. The offence 'Aggravated Robbery' carries a maximum penalty of 20 years imprisonment according to section 311 of the Crimes Decree.
    
12. Pursuant to section 311 of the Crimes Decree a robbery becomes aggravated when you commit it in company with one or more other persons.
    
13. From a 5 year starting point, 5 1/2 years for critical role in ensuring the joint criminal enterprise of Burglary (s. 299 (a) & (b) and robbery with violence (s.293 (1) ) was successful, for a cowardly home invasion violating the privacy of a family, total lack of respect towards victims property and personal enjoyment of their rights in their own home; Yasa's co-accused stern punishment of 10 years to indicate public disapproval of conduct which strikes at a very heart of safety and security of the public: per Goundar, J in State v Sailosi Ralago Volivale [2009] HAC 30 (A) /05S 18 June 2009.
    
14. Accordingly, in this case, I select 5 years imprisonment as my starting point.
    
15. In view of the above aggravating factors, I increase the sentence by 6 months to arrive at an interim total of 5 ½ years.
    
16. I observe that an accused who pleads guilty in the first available instance is entitled for a 1/3 reduction of the term of imprisonment. (Akili Vilimone v State, Cr. App. HAA 131/2007) hence in view of your early guilty plea I decrease the sentence by 22 months. This takes your sentence to 44 months. For your previous good character I deduct 6 moths. You cooperated with the police that led to the recovery of the bag robbed. For your cooperation with the police and mitigation I deduct further 6 months from your sentence. Accordingly your final sentence for aggravated robbery is 32 months imprisonment.
    
17. The sentence must deter offenders like you or other persons from committing the offences of the same or similar nature.
    
18. I am mindful of the fact that in terms of section 18-(1) of the Sentencing and Penalties Decree 2009 I must fix a non-parole period. In this case I fix 12 months as non-parole period. That means you are not entitled to parole before twelve (12) months.
    
19. Twenty eight (28) days to appeal.
    
20. CONCLUSION:
    

You are hereby sentenced to 32 months imprisonment with a non-parole period of 12 months. You will be eligible for parole after serving 12 months of your sentence. This sentence is to be effective as of 31st May 2012, the date you recorded your guilty plea. You are to serve this sentence consecutive to any other serving sentence.

M H Mohamed Ajmeer
Resident Magistrate

Dated at Nadi this 16th day of July 2012.