State v Saukelea [2015] FJMC 79; Criminal Case 181.2014 (10 July 2015)

IN THE MAGISTRATES' COURT OF FIJI
AT SUVA

Criminal Case No: -181/2014

STATE

V

PENISONI SAUKELEA

Counsel: Ms. D.Kumar for the State
Mr.Nainima(LAC) for the Accused
Date of Sentence: 10th July 2015

SENTENCE

1. PENISONI SAUKELEA, you were convicted after a trial for one count of Aggravated Robbery contrary to Section 311(1)(a) of the Crimes Decree No. 44 of 2009.
   
2. The prosecution proved beyond reasonable doubt that on 01st February 2014 you with another person went to the Pawn shop of the complainant (James Kumar) and robbed him of mobile, jewelries and cash to the total value of $2,300.00.
   

THE LAW AND TARIFF

3. Maximum penalty for the offence of Aggravated Robbery is 20 years imprisonment.
   
4. In Wise v State [2015] FJSC 7; CAV0004.2015 (24 April 2015) his Lordship Chief Justice Anthony Gates said:
   

"We believe that offences of this nature should fall within the range of 8-16 years imprisonment. Each case will depend on its own peculiar facts. But this is not simply a case of robbery, but one of aggravated robbery. The circumstances charged are either that the robbery was committed in company with one or more other persons, sometimes in a gang, or where the robbers carry out their crime when they have a weapon with them."

5. AGGRAVATING FACTORS
   
   1. You were drunk at that time.
      
   2. This was committed in broad day light in the busy day (Saturday), instilling fear in to the complainant as well as the neighboring shopkeepers.
      
6. MITIGATING FACTORS
   
   • Married with two small children
     
   • Seeks forgiveness
     
7. REMAND PERIOD

Initially you were remanded from 04/02/2014-10/07/2014(05 months) and now in remand for one week waiting for your sentence.

8. Considering the facts in this case I select 09 years as my starting point and add 03 years for aggravating factors to reach 12 years imprisonment. For the above mitigating factors I deduct 02 years .Pursuant to section 24 of the Sentencing and Penalties Decree I deduct period in remand to reach 09 years 07 months imprisonment.
   
9. People who engaged in criminal activates, terrorizing ordinary people of this country should not expect mercy from the court and prepare to serve long custodial sentences. This is the message this court would like to give to the society with this sentence.
   
10. Therefore PENISONI SAUKELEA, you are sentenced to 09 years 07 months imprisonment for this charge with non- parole period of 08 years.
    
11. Since this court is exercising the extended jurisdiction of the High Court case, the parties may appeal against this sentence within 30 days with leave to the Court of Appeal.
    

H.S.P. Somaratne
Resident Magistrate, Suva