State v Vodo [2013] FJMC 346; Criminal Case 306.2013 (17 September 2013)

IN THE MAGISTRATES COURT OF FIJI
AT SUVA

Criminal Case No: -306/2013

STATE

V

SALOME VODO

For Prosecution: - Ms. Navia for the State
Accused: - In person

SENTENCE

1. SALOME VODO, you were charged in this Court for the following offence.

The relevant charge is as follows:

FIRST COUNT

Statement of the Offence

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

Particulars of the offence

SAILOMA VODO QANIUCI with others on the 7th day of February 2013 at Gaji Road, Suva in the Central Division, stole a money box containing $20.00 in cash, 1 black leather wallet valued at $15.00, 1 Nokia mobile phone valued at $200.00 and a pair of eyeglasses valued at $15.00, the property of ANIL PRAKASH and at the time of stealing, used force on the said ANIL PRAKASH.

2. The High Court gave the extended jurisdiction to hear this case and when this was called before me on 30/08/2013 you waived right to counsel and pleaded guilty for this offence. You also admitted the summary of facts.
   
3. According to summary of facts on 07/02/2013 the victim was walking towards Nabua when you stopped him and assaulted him with three others and took items to the total value of $250.00. Only you were apprehended by the police and none of the items were recovered.
   
4. I am satisfied that you made this plea on your own free will and therefore convict you for this charge.
   

LAW AND TARIFF

5. Maximum penalty for this offence is 20 years imprisonment.
   
6. His Lordship Justice Goundra in State v Manoa [2010] FJHC 409; observed:
   

"The maximum penalty for robbery with violence under the Penal Code is life imprisonment, while the maximum penalty for aggravated 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 to 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 to 14 years under the old law falls below the maximum sentence of 20 years under the 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 treat the offence seriously".

Aggravating factors

7. The state in the sentencing submission failed to mention any aggravating factors in this case. Also there is no evidence about injuries or weapons used for the attack. Therefore I do not see any aggravating factors in this case.
   

Mitigating factors

8. From the mitigation submission filed by you I consider the following points.
   
   1. 28 years old
   2. Married with 01 child
   3. Seeks forgiveness
      
9. I select 08 years as my staring point and deduct 03 years for the mitigating factors to reach 05 years. For your early guilty plea and the time in custody further 02 years are deducted. Since you are not a first offender no discount is given for your past good behavior. Now your final sentence is 03 years imprisonment.
   
10. You asked for a suspended sentence. But this Court has no power to suspend a sentence above 02 years.
    
11. Therefore you are sentenced to 03 years imprisonment for the offence of Aggravated Robbery contrary to section 311 (1) (a) of the Crimes Decree.
    
12. In pursuant to section 18(1) of the Sentencing and Penalties Decree I also impose a non parole period of 02 years for you.
    
13. Since this court exercising the extended jurisdiction of the High Court in your case, you may appeal against this sentence within 30 days with leave to the Court of Appeal.
    

19/09/2013

H.S.P.Somaratne
Resident Magistrate