State v Tagilala [2012] FJMC 29; Criminal Case 737.2010 (1 March 2012)

IN THE MAGISTRATE'S COURT OF FIJI AT NADI

CRIMINAL CASE NO.737/10

THE STATE

V

PAULIASI TAGILALA

Sgt. Naidu for prosecution
Accused in person
Date of Sentence: 01.03.2012

SENTENCE

[1] PAULIASI TAGILALA, this is your sentence.

[2] You were charged with one count of Aggravated Burglary contrary to Section 311 (1) (a) of the Crimes Decree No.44 of 2009.

[3] This court is invested with jurisdiction to try this case by the High Court by order dated 21 September 2010.

[4] You pleaded guilty to the charge when the charge was read and explained to you and after you confirmed that you understood the charge.

[5] 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.

[6] I have reviewed the facts against the particulars of the offence charged in this case, and I am satisfied that they support the elements of the charge in the information laid against you by the prosecution.

[7] Therefore I convict you as charged.

[8] The facts of this case are that: on 31 July 2010 at about 2200hrs at Magalevu Road you robbed one Faizal Mohammed, the complainant, a carrier driver and stole cash of 84.00, 1 x spare tyre valued at $100.00, one pioneer car radio valued at $500.00 all to the total value of $684.00.

[9] On that day you with four others hired the complainant's carrier to drop you at Sikuturu Village. You were seated in the front seat with the driver, the complainant while the rest of the boys were at the back of the carrier.

[10] When reaching Sikuturu village you told the complainant to go further ahead towards Magalevu Road. At the Magalevu junction you told the driver to turn around and go back to Sikuturu. On the way you told to turn right at Vunimaqo road and stop. The complainant stopped the carrier. At that time all of a sudden one of the Fijian boys who was at the back got hold of the complainant' neck and the same time you forcefully searched the complainant's trouser pocket. When the complainant's neck was released he pressed the accelerator in full and drove towards the compound ahead of him and grabbed your T-shirt. Upon reaching the compound you opened the door and ran off. But the complainant was able to arrest you with the help of few other Fijian boys. The complainant received right side face injury.

[11] The trauma you caused to the complainant, breach of trust- you hired the complainant's carrier for transport and robbed him, the loss caused to the complainant (a loss of $ 684.00) and night robbery aggravated the offending.

[12] Mitigating features are that: i. you are 34 years old, single and presently a market vendor; ii. You are a first offender and ask for leniency. iii. You told you were drunk at that time.

The Sentence:

[13] The offence 'Aggravated Robbery' carries a maximum penalty of 20 years imprisonment according to section 311-(1) of the Crimes Decree.

[14] Aggravated robbery like other the old offence of robbery with violence is very prevalent offence in Fiji to the extent that harsh sentences are handed down in an attempt to diminish the occurrence of the offence.

[15] The tariff for this offence has been within ten to fifteen years depending on the degree of violence (The State v. Rokonabete HAC 118/07).

[16] You committed this offence in the company of others. You have used minimum force to rob the carrier driver.

[17] I take as a starting point a term of 7 years and add one year for the above aggravating features. I deduct 3 years to represent the guilty plea and the fact that you are a first offender. Your final term is 5 years imprisonment.

[18] I am mindful of the fact that pursuant to section 18-(1) of the Sentencing and Penalties Decree 2009 I must fix a non-parole period. In this case I fix 2 years non-parole period.

[19] The sentence might act as a deterrent to the offender and others who fall into pattern of semi-professional crime to support themselves.

[20] Society is entitled to sideline or warehouse offenders like you out of the community for longer periods of time so that at least during the term of incarceration they cannot wreak havoc on the lives of law-abiding citizens.

[21] Offenders like you deserve punishment that fits the circumstances of the crime.

[22] Your sentence exceeds 2 years hence I cannot suspend your sentence.

[23] Since I have delivered this sentence on extended jurisdiction you have thirty days (30) to appeal to the Fiji Court of Appeal with leave.

Order:

[24] PAULIASI TAGILALA, you are hereby sentenced to five (5) YEARS imprisonment with a non-parole period of 02 years.

M H MOHAMED AJMEER
Resident Magistrate

Dated at Nadi this 1st day of March 2012.