Galuvakadua v Reginam [1977] FJSC 75; Criminal Appeal 134 of 1977 (2 December 1977)

IN THE SUPREME COURT OF FIJI
APPELLATE JURISDICTION

Criminal Appeal No. 134 of 1977

BETWEEN:

TAITUSI GALUVAKADUA

AND:

REGINAM

JUDGMENT

On the 26th September 1977 at Suva Magistrates Court the appellant was charged with and convicted on his own plea of robbery with violence contrary to section 326(1)(a) of the Penal Code and was sentenced to two years' imprisonment.

The appellant has appealed against sentence as being too severe.

The facts of the case are that on the 11th February 1977 the complainant, who is a grasscutting contractor, went by car to an area where his workmen were employed in order to pay them their wages. On arrival he was accosted by the appellant armed with a piece of wood which had been sharpened to a point at one end, who punched the complainant in the face, demanded all the money that he find, and took $196 from the pocket of the complainant's trousers.

The appellant fled the scene and managed to evade arrest until the day he was charged.

Far from the sentence being too severe, it is too lenient. It is clear from the facts that it ties a premeditated offence, in that the appellant had been keeping observation on the complainant and accosted him at a time when he anticipated that he would be in possession of the wages for his workmen, and had armed himself with a sharpened piece of wood for use as an offensive weapon.

The fact that there has been a decline in offences of robbery with violence is no reason for passing lighter sentences. Indeed, such on approach would simply encourage potential offenders. It remains one of the most serious offences in the criminal calendar and the sentences imposed must reflect the Court's determination that it be stamped out.

As the trial Magistrate did not see fit to impose corporal punishment, no doubt because the appellant is a first offender, I shall refrain from doing so.

The sentence of two years' imprisonment is hereby increased to a sentence of three years' imprisonment with effect from the 25th September 1977.

Grant, C.J.
Chief Justice

Suva,
2nd December 1977