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Vuli v State [2012] FJCA 68; AAU0048.2010 (16 October 2012)

IN THE COURT OF APPEAL, FIJI ISLANDS
APPELLATE JURISDICTION

CRIMINAL APPEAL NO.AAU0048 OF 2010
[High Court Criminal Action No. HAC0047 of 2006]

BETWEEN:

PETAIA VULI
Appellant

AND:

THE STATE
Respondent

Counsel: Appellant in Person
Mr. M. Korovou for Respondent

Date of Hearing: Thursday, 4th October 2012
Date of Ruling: Tuesday, 16th October 2012

RULING

1. This is an application for leave to appeal filed by the Appellant against his sentence.
   
2. The Appellant was charged with the offence of Robbery with Violence contrary to Section 293(1)(b) of the Penal Code (Cap. 17).
   
3. He was charged along with two other accused for having forcefully entered the house of an elderly couple and thereafter beating up the victims and fleeing stealing properties to the total value of $2646.
   
4. The Appellant pleaded guilty on 1st July 2010 and was convicted.
   
5. The Appellant was sentenced to 5 years imprisonment with a non-parole period of 3 years on 6th July 2010.
   
6. The Appellant filed an application for leave to appeal appealing against his sentence on the basis that he was a first offender, that at the time of the offence he was just 21 years old, that he was with two children and supporting his mother who was a widow and that the sentence was too harsh and excessive.
   
7. The learned High Court Judge had picked 7 years as a starting point and added 3 years to reflect the aggravating factors and reduced the sentence by 4 years to reflect the mitigating factors and by 1 year to reflect the remand period resulting the Appellant being sentenced to 5 years imprisonment with a non-parole period of 3 years.
   
8. The learned trial Judge had taken into account the mitigating factors pleaded by the Appellant in imposing the sentence on the Appellant.
   
9. The other two accused had been sentenced to 6 years and 7 years imprisonment respectively.
   
10. The maximum sentence for Robbery with Violence is life imprisonment and therefore not one that is fixed by law.
    
11. The tariff for sentences for Robbery with Violence is between 8 to 14 years imprisonment as set out in the cases of Sakiusa Basa v State (2006) FJCA 23; Semisi Wainiqolo v State (2006) FJCA 70; Naikelekelevesi v State (2008) FJCA 11.
    
12. In view of the general tariff for Robbery with Violence being 8 to 14 years, the sentence imposed on the Appellant is not harsh and excessive specially in the circumstances of the case and cannot be judged in the light of the sentence imposed in the case of Mataiasi Bulivou Susu v State HAC 54/55/56 Criminal Appeal No.AAU0045 of 2010 where the Accused was given a 3 year imprisonment with a non-parole period of 2 years as each case has to be viewed on its merits.
    
13. For the above reasons the application of the Appellant for leave to appeal against sentence is refused.
    
14. The order of this Court is:
    

The application for leave to appeal against sentence is refused.

Suresh Chandra
Resident Justice of Appeal