State v Vodo [2016] FJMC 97; Criminal Case 727.2011 (22 July 2016)

IN THE MAGISTRATES’ COURT OF FIJI

AT SUVA

Criminal Case No: -727/2011

STATE
V

SAILOAMA VODO
KONIA TUWAI

For the Prosecution: Cpl Shaw
The Accused : In persons
Date of Sentence : 22^nd of July 2016

SENTENCE

1. SALOME VODO,KONIA TUWAI you both were convicted after a hearing to one count of Aggravated Robbery contrary to Section 311(1)(a) of the Crimes Decree No. 44 of 2009.
2. During the hearing it was proved that on 28^th day of March 2011 you both with another two accused robbed one Yizyong Huang behind the Raiwaqa market. The victim after closing his computer shop was walking to his vehicle when all of you grabbed him and took his money and car key. Even though you both denied this offence based on your confessions I found you guilty for this.
3. Maximum penalty for the offence of Aggravated Robbery under the Crimes Decree 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. In Laisiasa Koroivuki v the State ( Criminal Appeal AAU 0018 of 2010)the Fiji Court of Appeal discussed the guiding principles for determining the starting point in sentencing and observed :

"In selecting a starting point, the court must have regard to an objective seriousness of the offence. No reference should be made to the mitigating and aggravating factors at this time. As a matter of good practice, the starting point should be picked from the lower or middle range of the tariff. After adjusting for the mitigating and aggravating factors, the final term should fall within the tariff. If the final term falls either below or higher than the tariff, then the sentencing court should provide reasons why the sentence is outside the range".

6. Even though the offence you both committed is serious, you both played minor part in this offence. Therefore considering the gravity of offending and the culpability, I am going to select my starting point from the lower end of the tariff. Accordingly I select 09 years as the starting point for this sentence.
7. From the facts reveled in the hearing, I do not find any aggravating factors and therefore would not enhance the sentence.
8. You both were given an opportunity to mitigate but no proper mitigation was made when this was called before me on 08^th June 2016. You both were submitting details only about the period of remand in this case.
9. Therefore I do not have any personal mitigating factors to give discounts for both of you.
10. The following periods were submitted by both accused as the time in remand for this case.

SAILOAMA VODO- 2011 to 2013

KONIA TUWAI- 2011- 2014

11. But perusing the court record showed me during that time there were some periods where both of you were on bench warrant , but the prosecution failed to show me whether at that time you were remanded by another court. Therefore giving the benefit of doubt I am going to deduct these periods to reach 07 years for the 1^st accused and 06 years for the 2^nd accused.
12. The prosecution confirmed to the court at the time of offending the 2^nd accused was a first offender which needs to be taken in to consideration and for that I deduct 01 year from his sentence to reach 05 years imprisonment.
13. When sentencing for robbery offences in my view the main consideration should be the protection of the society. The people need to feel secure in attending to their daily activates without subject to these violent offending. A long custodial sentence would be waiting for the offenders who would commit this kind of offences.
14. Therefore I sentenced you both to following terms of imprisonment for the offence of Aggravated Robbery contrary to section 311(1) of the Crimes Decree concurrent to your present sentences.

SAILOAMA VODO-07 years’ imprisonment with non-parole period of 06 years

KONIA TUWAI - 05 years’ imprisonment with a non-parole period of 04 years

15. 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.
    

Shageeth Somaratne

Resident Magistrate