State v Laqeni [2013] FJMC 174; Criminal Case 1927.12 (29 April 2013)

IN THE MAGISTRATE'S COURT
AT SUVA

(Under Extended Jurisdiction Pursuant to Section 4 (2) of The Criminal Procedure Decree 2009)

IN THE REPUBLIC OF FIJI ISLANDS
Criminal Case No: 1927/12

State

V

Taniela Laqeni

Prosecution : Ms. Fatiaki – DPP’s Office
Accused : Present with Mr Fesaitu (Mitigation prepared by Ms Raisua) - (Legal Aid)

SENTENCE

Taniela Laqeni this is your sentence. The High Court has granted this Court extended Jurisdiction to try this case. You have pleaded guilty, on your own free will to the following charges (counts):

First Count

Statement of offence (a)

AGGRAVATED ROBBERY: Contrary to Section 311 (1) (a) of the Crimes Decree Number: 44 of 2009.

Particulars of offence (b)

TANIELA LAQENI, on the 24th day of June, 2011 at Suva in the Central Division, with another, stole cash $30.00 and alcatel mobile phone valued $300.00 from JITENDRA LAL MAHARAJ.

Second Count

Statement of offence (a)

THEFT OF MOTOR VEHICLE: Contrary to Section 291 (1) of the Crimes Decree Number: 44 of 2009.

Particulars of offence (b)

TANIELA LAQENI, on the 24th day of June 2011 at Suva in the Central Division, dishonestly appropriated taxi registration number LT4407, the property of KAMINI NAIDU.

Third Count

Statement of offence (a)

RESISTING ARREST: Contrary to Section 277 (b) of the Crimes Decree Number: 44 of 2009.

Particulars of offence (b)

TANIELA LAQENI, on the 24th day of June 2011 at Suva in the Central Division, resisted arrest by a Police Officer namely Special Corporal 1297 Rusiate Vulaono in due execution of his duty.

Taniela Laqeni you have admitted the statement of facts as read out by the prosecutor on your own free will. Your previous convictions were presented and you have accepted those. Legal Aid has presented written mitigated and this Court has considered your mitigation.

Count One – Aggravated Robbery

The maximum sentence for this offence is 20 years imprisonment.

The Supreme Court in Guston Kean CAV 0015.2010 set the tariff for this offence at between six and fourteen years imprisonment and recent sentences for domestic robberies have been between ten and sixteen years (Rasaqio HAC 155/07; Rokonabete HAC 118/07; Vasuca HAC 41 of 2009L).
In State v Rokonabete[2008[ FJHC 226: HAC 118.2007(15th September 2008) Justice Goundar itemized elements to be considered when assessing the seriousness for any types of robbery:

"The dominant factor in assessing seriousness for any types of robbery is the degree of force used or threatened. The degree of injury to the victim or the nature of and duration of threats are also relevant in assessing the seriousness of an offence of robbery with violence. If a weapon is involved in the use or treat of force that will always be an important aggravating feature. Group offending will aggregate an offence because the level of intimidation and fear caused to the victim will be greater. It may also indicate planning and gang activity. Being the ringleader in a group is an aggravating factor. If the victims are vulnerable, such as elderly people and person providing public transport, that will be an aggravating factor. Other aggravating factors may include the volume of items taken and the fact that an offence was committed whist the offender was on bail.

The seriousness of an offence of robbery is mitigated by factors such as a timely guilty plea, clear evidence of remorse, ready co-operation with the police, response to previous sentence , personal circumstances of offender, first offence of violence, voluntary of property taken, a minor part, and lack of planning involved."

In State V Manoa [2010]FJHC 409:HAC 061.2010(6th August 2010),the learned judge employed the sentencing tariff for the offence of Robbery with Violence from the old Penal Code when sentencing for the offence of Aggravated Robbery in the new Crimes Decree No: 44 of 2009.

"The maximum penalty for robbery with violence under Penal Code is life imprisonment, while the maximum penalty for aggravated a robbery under the Crimes Decree is 20 years imprisonment. Although the maximum sentence under the Decree has been reduced to 20 years imprisonment, in my judgment, the tariff of 8-14 years imprisonment established under the old law can continue to apply under the new law. I hold this for two reasons. Firstly, the established tariff of 8-14 years under the old law falls below the maximum sentence of 20 years under new law. Secondly, under the new law, aggravated robbery is made an indictable offence, triable only in the High Court, which means the Executive's intention is to continue to treat the offence seriously"

I adopt the tariff for the offences of Aggravated Robbery as set out here-in.

This Court takes a starting point of 6 years (lower end of the scale). For your guilty plea this Court gives 2 years discount and further 1 year discount for your mitigation. Your sentence for Aggravated Robbery is 3 years imprisonment.

Taniela Laqeni you are not a 1st offender. You are in prison now for another offence. I am informed that you are to be released on 27th December 2013. You would surely have reflected upon your actions and this Court hopes that you would have learnt a lesson that if you assault others and steal others property you will be given custodial sentence. Having considered you guilty plea, mitigation and your current status this Court will sentence you to 12 months imprisonment and the balance of the 2 years is suspended for 2 years. Which means that if you re-offend within the next 2 years after serving your 12 months term you might be prosecuted for breach of your suspended sentence and you will then serve a term of 2 years for this case.
Count Two – Theft of Motor Vehicle
The maximum sentence is 10 years. This Court takes as tariff between 12 months to 3 years. The starting point for this offence is 18 months. 6 months is given as discount for your guilty plea and 3 months for your mitigation. Your sentence is 9 months. Count two is concurrent to Count 1 and 3.
Count Three – Resisting Arrest
The maximum is 5 years imprisonment. For this count this court sentences you to 3 months imprisonment which is concurrent to counts 1 and 2.

Summary:

Count One – 12 months imprisonment. Balance term 2 years suspended for 2 years.

Count Two – 9 months imprisonment, which is concurrent to other counts.

Count Three – 3 months Imprisonment, concurrent to other counts.

Any party aggrieved with this sentence has 30 days (from today) to appeal this sentence in the Fiji Court of Appeal.

Chaitanya Lakshman

Resident Magistrate

18th April 2013