State v RTNR [2018] FJMC 81; Juvenile Case 25 of 2018 (4 September 2018)

IN THE RESIDENT MAGISTRATES COURT
AT SUVA
CRIMINAL JURISDICTION

Juvenile Case No. 25 of 2018

Extended Jurisdiction File No. 19 of 2018

The State

V

R T N R

For the State :

p>For the Juvenile : Counsel Ms. Baleiwai (Legal Aid)

Date of the Punishment : 04^th September 2018

PUNISHMENT

Introduction

1. You have been charged with one count of Aggravated Robbery contrary to Section 311(1) (a) of the Crimes Act Number 44 of 2009.
   

Particulars of the Offence

You, with another, on the 05^th day of March 2018, at Raiwaqa in the Central Division, in the company of each other, robbed Nilesh Prasad of one Samsung J2 mobile phone valued at of $450.00 the property of Nilesh Prasad.

2. Aggravated Robbery is an indictable offence and the case was transferred to the High Court on 13/03/2018. Subsequently, the High Court has granted extended jurisdiction to the Juvenile Court on 14/08/2018, in terms on Section 4(2) of the Criminal Procedure Act 2009.
   
3. You have pleaded guilty to charge on 17/08/2018 on your own free will and with a representation by a counsel from Legal Aid.
   
4. The prosecution has filed the Summary of Facts on the same day which was duly admitted by you. It revealed that on 05^th March 2018, when the complainant was taking a call through his mobile phone at the junction of Autocity Road and Grantham Road, you have approached him and pushed him and his hand where the complainant had lost control and the mobile phone has fallen to the ground. Another boy has picked it up and both of you have run away.
   
5. On 09^th March 2018, the complainant has seen you at Rups Big Bear Shop and informed the Police. You have been arrested and interviewed under caution, in the presence of your mother, whereby you have admitted committing the alleged offence.
   
6. You have sold the said mobile phone for $10.00 to another person. The item had not been recovered.
   
7. Being satisfied with your unequivocal plea of guilt and the admitted summary of facts, which satisfy the elements of the offence, I find you guilty to the offence of Aggravated Robbery as set out in the charge.

Tariff

8. The maximum penalty for Aggravated Robbery is 20 years imprisonment. The tariff for this offence has been discussed by Justice Madigan in the case of Rarawa v The State Criminal Appeal No HAA 5 of 2015. (30 April 2015) as 10-16 years; In Wallace Wise V The State [2015] FJSC7; CAV0004.2015 (24 April 2015) Supreme Court decided that the tariff for an offence of Aggravated Robbery should be 8-16 year imprisonment.
   
9. In addition to the aforementioned tariff, in terms of section 30(3) of the Juvenile Act, this court has a limitation in deciding an appropriate punishment for Juveniles, which says, a young person shall not be ordered to be imprisoned for more than 2 years for any offence.
   

Aggravating Factors

10. There are no specific aggravating factors revealed in this case.
    

Mitigating Factors

11. You are 16 years old and a student of Basden College.
12. You are a first offender.
13. You are remorseful and seek forgiveness of the court. You promise not to re-offend.
14. You have fully co-operated with police investigations.
    

Early Guilty Plea

15. You have pleaded guilty at the earliest available opportunity saving time of the court and expenses of a full hearing. According to your submissions, you are remorseful. Therefore, your early guilty plea should attract a considerable concession on your punishments.
    

Analysis & the Punishment

16. Aggravated Robbery is considered to be a very serious offence in this country hence undoubtedly denounced by the society. Such behaviour creates insecurity among citizens of their belongings and fear of their lives. Offenders of this calibre should be deterred from committing further offences and the punishment should reflect the same approach.
    
17. Considering the nature of the offence, mitigating factors and the statutory limitation, I impose you 10 months imprisonment term for the offence of Aggravated Robbery.
    
18. I have deviated from the accepted tariff considering the statutory limitation imposed by section 30(3) of the Juvenile Act with a limitation of maximum punishment of 2 years for young persons.
    
19. I will now consider whether your punishment should be suspended.
    
20. Your Social Background Report reveals that you have promised not to re-offend as you don’t need to disappoint your parents and the grandparents again. Your mother has promised to make every effort to keep you in the right side of the law. Your school principle has said that even though your school attendance is very weak, they will continue to support with your education.
    
21. The Report further identifies you as a moderate risk person to the society.
    
22. Considering your young age, previous good character and the recommendations submitted in the Social Background Report, I believe that you should be given an opportunity to rehabilitate yourself. Rehabilitation of offenders is one of the purposes of punishments in terms of section 4 of the Sentencing and Penalties Act.
    
23. Justice Shameem in Nariva v The State [2006] FJHC 6; HAA0148J.2005S (9 February 2006); stated as follows;

“The courts must always make every effort to keep young first offenders out of prison. Prisons do not always rehabilitate the young offender. Non-custodial measures should be carefully explored first to assess whether the offender would acquire accountability and a sense of responsibility from such measures in preference to imprisonment.”

24. In Suren Singh v The State [2000] FJHC 264; 2FLR127, again Justice Shameem observed that;

“However as a general rule, leniency is shown to first offenders, young offenders, and offenders who plead guilty and express remorse. I believe that in this case, every effort should have been made to keep four of the Appellants out of Prison.”

25. Therefore, I suspend your punishment for a period of 2 years pursuant to section 26 of the Sentencing and Penalties Act 2009, giving you an opportunity to rehabilitate.
    
26. Nature of your punishment is explained to you in court. If you commit another offence within the next 2 years and is convicted, pursuant to section 28 of the Sentencing and Penalties Act 2009, these punishments may be activated.
    
27. In terms of section 32 of the Juvenile Acts the court is empowered to impose any combination of punishment methods mentioned in the section if it thinks fit. Accordingly, in addition to the suspended punishments, I order to place you on probation for a period of 2 years with following specific conditions, with the supervision of the probation officer in Suva, acting under the section 15(1)(e) of the Sentencing and Penalties Act 2009 and section 3(1) of the Probation of Offenders Act.
    

Conditions

1. Continue and complete school education with good attendance.
2. Attend to counselling sessions at Empower Pacific with the supervision of the Department of Social Welfare.
3. Be in good behaviour.
   
28. The Probation Officer is further ordered to submit a progress report to court with regards to conditions attached to the probation order in 3 month time from the date of this order. Court clerk is advised to send a copy of this order to the Probation Officer, Suva.
    
29. As this court has exercised the extended jurisdiction of the High Court, parties may appeal to the Court of Appeal within 30 days, with the leave of the Court.
    

Summary of the punishments-

10 months imprisonment term - suspended for 2 years

Probation Order for 2 years with conditions. Progress Report to be filed in 3 months

.................................
Geethani Wijesinghe
Resident Magistrate

At Suva
04^th September 2018