State v Vuniwawa - Sentence [2017] FJMC 65; Criminal Case 1724.2016 (5 May 2017)

IN THE MAGISTRATES’ COURT OF FIJI

AT SUVA

Criminal Case No: -1724/2016

(EJ 123/2016 )

STATE
V

SAMUELA TUIBEQA VUNIWAWA
For the Prosecution: Cpl Shaw
The Accused: In person
Date of Judgment: 05^th of May 2017
Date of Sentence : 05^th of May 2017

SENTENCE

1. SAMUELA TUIBEQA VUNIWAWA , you were convicted after a hearing to with one count of Aggravated Robbery contrary to Section 311(1)(a) of the Crimes Decree No. 44 of 2009.
2. The following facts were proved during the hearing. On 29^th September 2016 you with 2 other hired the taxi of the complainant from Namadi taxi base and went to the Tikaram place. There you with others assaulted him and stole his mobile and cash and ran away. Even though you tried to take the vehicle also the complainant managed to prevent it by throwing the car key away. The complainant got injuries from this attack as per the medical report.
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. In Laisiasa Koroivuki v the State [2013] FJCA 15; AAU0018.2010 (5 March 2013) his Lordship Justice Goundar 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.

6. Considering the nature and gravity of offending and your culpability, I select 10 years as the starting point for your sentence.
7. This was committed against a public service transport provider. The victim got injured from this attack. At that time you had in your possession a knife. I consider these as aggravating factors and add 03 years to reach 13 years imprisonment.
8. In your mitigation you submitted that you are 30 years old married with 2 children. But you said you do not know anything about this. Even at this stage this shows that you are not remorseful of your behavior.
9. For these mitigating factors and your past good behavior I deduct 2 year 04 months to reach 10 years 08 months imprisonment.
10. You have been in remand for nearly 08 months and finally I deduct that period to reach 10 years imprisonment.
11. In Vilikesa Koroivuata v The State(supra) his Lordship (unreported) Cr. App. HAA064.04S, 20 August 2004 Justice Gates(as he was then) said:

"Violent and armed robberies of taxi drivers are all too frequent. The taxi industry serves this country well. It provides a cheap vital link in short and medium haul transport... The risk of personal harm they take every day by simply going about their business can only be ameliorated by harsh deterrent sentences that might instill in prospective muggers the knowledge that if they hurt or harm a taxi driver, they will receive a lengthy term of imprisonment".

12. I would agree with this observation made by his Lordship in 2004. In fact it has become more prevalent now to see the taxi drivers are targeted by the criminals. In this case you with others not only brutally attacked the complainant and stole his properties in broad day light, but also tried to highjack his car. This robbery would have left traumatic experience not only the victim but also other civilians who were observing this from their homes. Hence I would impose the maximum sentence that I have the power to impose for this despicable attack on a public service provider in this country. The main purposes of this sentence are to denounce the behavior of the accused, deter future offenders and protect the public in this country.
13. SAMUELA TUIBEQA VUNIWAWA, I sentence you to 10 years’ imprisonment for the offence Aggravated Robbery contrary to Section 311(1)(a) of the Crimes Decree No. 44 of 2009 with a non-parole period of 08 years .
14. 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