State v Napolioni [2012] FJMC 21; Criminal Case 207.2010 (23 January 2012)

THE REPUBLIC OF FIJI ISLANDS
IN THE MAGISTRATE'S COURT
AT SIGATOKA
IN THE WESTERN DIVISION

Criminal Case No. 207 of 2010

STATE

V.

ADONI NAPOLIONI

For State: Filimoni Lacanivalu
Accused : Present

SENTENCE

Introduction

The Accused was charged with Robbery With Violence, contrary to Section 293 (1) (b) of the Penal Code.

The accused pleaded guilty on his own free will. On the First occasion the accused pleaded guilty the Court upon the request of Mr Lacanivalu asked the accused who was a serving prisoner time to re-consider his guilty plea. The prosecutions concern was whether the plea was unequivocal and that accused was not coerced or was under some inducement to plead guilty. The accused maintained his guilty plea.

The maximum penalty for Robbery with Violence is life in prison.

Mitigation

In his mitigation the accused told the court that he was a serving prisoner and would be released in July 2012. The accused further told the Court he wanted to move in life and do time and reform himself.

The Tariff

Tariff to the offence of Robbery with Violence was discussed in Gustan F Kean, Criminal Appeal AAU 0048 of 2008. The Court of Appeal has endorsed the tariff for Robbery with Violence as between 6 to 14 years imprisonment.

Starting Point

The Court will start at 8 years imprisonment.

Discount

The accused is entitled to discount for his guilty plea. The Court gives 2 years discount. The Court has considered that the accused has saved Courts valuable time by his guilty plea. The Court further gives 1 year discount for his mitigation and willingness to reform and move on in life .

Aggravating factor

The Court takes as aggravating factors the following:

(a) Weapon was used.

(b) victim was vulnerable, she was a female, a visitor and 56 years old and she also received injuries.

(c) Not all the property was recovered.

For the aggravating factors the Court increases the sentence by 2 years.

The accused is sentenced to 7 years imprisonment with a Non-Parole Period of 5 years.

Right of Appeal
28 days to appeal.

Chaitanya Lakshman
Resident Magistrate

Sigatoka
23rd January 2012