State v Kovevanua [2015] FJMC 59; Criminal Case 263.2014 (29 May 2015)

IN THE MAGISTRATE COURT OF FIJI
AT SUVA

Criminal Case No: - 263/2014

STATE

v

PENJAMINI KOVEVANUA

PC Josuha for the Prosecution
Mr.S.Kumar (L.A.C) for the accused

Date of Sentence : 29th May 2015

SENTENCE

1. PENJAMINI KOVEVANUA , you were charged in this Court for one count of Attempted Robbery contrary to sections 44(1) and 310(1) (a) of the Crimes Decree No 44 of 2009.
   
2. You elected this Court and pleaded guilty for this charge yesterday. Admitted summary of facts reveled that on 15/02/2014 along Marine Drive, Lami you used force and attempted to steal the handbag of the complainant.
   
3. I am satisfied that your plea was unequivocal and convict you for this charge.
   

4. Under the Crimes Decree the maximum penalty for Robbery is 14 years
imprisonment. In Rarawa v State [2015] FJHC 324 introducing new tariff for this offence his Lordship Justice Madigan said :

"To facilitate sentencing for robbery simpliciter, it would be appropriate to apply two tariffs one for robberies accompanied by violent force should be in the range of 8 to 14 years (in recognition of the lower maximum penalty applied to robbery by the legislature as opposed to the penalty for ggravated robbery). The general tariff for robbery, not accompanied by violence, can then be visited with sentences in the range of two to seven years."

5. His Lordship in Rarawa v State( supra) citing the minimum violence took the 03 years as the starting point and as the facts are similar with that case I select the same starting point.
6. Aggravating factors is the complainant who was on her way to work subject to assault of drunken person and this was committed in a public place. For these I add 01 year to reach 04 years imprisonment.
7. Mitigating factors are past good behavior, age and remorseful and for these deduct 16 months. For pleading guilty without going for a trial 06 months deduction is given.
8. As the final adjustment I deduct 02 months you are in remand to reach 02 years imprisonment.
9. Even though normally a custodial sentence is warranted for these offences considering your young age as well as past good behavior leads me to suspend this sentence.

10. PENJAMINI KOVEVANUA , you are sentenced to 02 years imprisonment for the offence of Attempted Robbery and this will be suspended for 03 years.
    
11. If you commit any offences during next 03 years you can be charged under section 28 of the Sentencing and Penalties Decree.
    
12. 28 days to appeal
    

H. S. P. Somaratne
Resident Magistrat