IN THE MAGISTRATES COURT OF FIJI
AT SUVA

Criminal Case No: - 2163/2013

STATE

V

SAKIUSA RARAWA

 PC Josuha for the Prosecution 
 Mr.Lateef Legal Aid) for the Accused 

SENTENCE

1.	SAKIUSA RARAWA , you were charged in this Court for one count of Robbery contrary to section 310(1) () (b) of the Crimes Decree No 44 of 2009. 

2.	You elected this Court and pleaded not guilty for this charge on 11/02/2014. Therefore this was fixed for hearing and adjourned number of times due to various reasons. 

3.	Later through your counsel you informed this Court that you wanted to change your plea and on 08/01/2015 you pleaded guilty for this charge and also admitted the summary of facts. 

4.	Summary of facts states as follows:

On the 17th day of December 2013 at about 2100hrs, at Mead Road, Nabua, Sakiusa Rarawa (B-1), 34 years, dock worker at Ports Authority of Mead Road Housing, Nabua stole $500.00 cash and a $15 vodafone recharge card, total value of $515.00, and before stealing (B-1) used force to Brian Brijan Singh (A-1) 61 years, lawyer of 6 Yohann Place, Nabua.

(A-1) went inside a shop at Mead Road to buy his $15 vodafone recharge card and came out. When (A-1) came out, (A-1) saw (B-2) standing outside drunk. (B-1) used gestures to (A-1) and suddenly punched (A-1) to his left jaw. (A-1) fell to the pavement and demanded (A-1)'s wallet. (A-1) was holding onto his wallet but let go of it as (A-1) was too strong.

(B-1) took (A-1)'s wallet where he stole the said above items and walked away.

The matter was reported at the Station where WDC 3843 Akisi was appointed to be the investigating officer.

5.	I am satisfied that your plea was unequivocal and convict you for this offence. 
THE LAW AND TARIFF 

6.	Maximum penalty for Robbery under the Crimes Decree is 15 years imprisonment. 

7.	In Seseu v State [2003, FJHC 224, HAM0043], her Ladyship Justice Shameem held that tariff for Robbery with violence is 4-7 years imprisonment.

8.	In Sakiusa Basa vs. the State (Criminal Appeal AAU 24/2005), the Court held that "'Sentences for robberies involving firearms should range from six to eight years. A lower range of four to seven years is appropriate where firearms are not used and the premises are banks, or shops, post offices or service stations. However, the sentence may be higher where the victim or victims are particularly vulnerable due to age, infirmity, disability or where children are involved. Similarly where injuries are caused in the course of the robbery, a higher sentence will be justified. The value of the property stolen, evidence of planning or premeditation, multiple offences and previous convictions for similar offences should be considered aggravating features. The sentence may be reduced where the offender has no previous convictions, has pleaded guilty and has expressed remorse. This list of aggravating and mitigating features is by no means exhaustive. Furthermore, the sentence will always be adjusted up or down, depending on the facts of the particular case'

9.	AGGRAVATING FACTORS 
a.	 The victim was 61 years old and vulnerable person . 
b.	 Disregard of the property rights of others. 
c.	 The fear instilled in the victim and he suffered injuries 

10.	MITIGATING FACTORS 
Learned Counsel from the Legal Aid submitted following as mitigating factors . 

a.	36 years old
b.	Seek forgiveness
c.	Remorseful 
d.	De-facto relationship and has 08 months old daughter 
e.	First offender 

11.	I select 05 years as the starting point and add 02 years for aggravating factors to reach 07 years imprisonment . Deduct 03 year for above mitigating factors and for the time in remand (10 days) . You did not plead guilty on the first day. But for saving the Court's time and resources by your late plea I would give you some credit and deduct 01 year to reach 03 years imprisonment. 

12.	Pursuant to section 26(2) (b) of the Sentencing and Penalties Decree this Court has no power to suspend a sentence above 02 years. 

13.	Therefore you are sentenced to 03 years imprisonment for the offence of Robbery contrary to section 310(1) () (b) of the Crimes Decree No 44 of 2009.

14.	I also fix 02 years as non- parole period for you in this case. 

15.	28 days to appeal. 
16th January 2015 

H.S.P.Somaratne
Resident Magistrate