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State v Sorowaqali [1997] FJHC 101; HAC0024T.1996S (31 July 1997)

IN THE HIGH COURT OF FIJI
AT SUVA

CRIMINAL JURISDICTION

CRIMINAL CASE NO. 24 OF 1996

THE STATE

V

LEONE SOROWAQALI

Counsel: Mr. J. Naigulevu for The State
Accused in person

Hearing: 31st July 1997

SENTENCING REMARKS OF PAIN J

The Accused has pleaded guilty to a charge of robbery with violence. The brief facts are that on 21 March 1995 the Accused and others engaged a taxi which took them to a destination where they bought some liquor. On their return the Accused's companions alighted from the taxi. The Accused remained in the taxi and asked the driver to take him to another destination.

On the way the Accused jumped into the front passenger seat. He told the taxi driver to stop the car. As soon as this was done the Accused punched the taxi driver on his left eye and tried to further assault him. The taxi driver opened his door intending to escape. However the Accused kicked him on the left side of the ribs. He then grabbed the complainant's shirt and took $32 in cash from the pocket. The Accused then fled the scene.

When he first appeared in the Magistrates Court on 22 March 1995 the Accused elected to be tried in this Court and a paper preliminary inquiry was held on 11 May 1995.

I am at a loss to understand why the Accused took this course and he has not been able to give any reason for it. As he had been identified as the offender and had admitted the commission of the offence to the Police, no purpose could be served by electing to be tried in this Court. He could have pleaded guilty in the Magistrates Court. If he had done so he would, in all likelihood, have served his sentence by now and may have avoided the further convictions that he has since incurred.

I must deal with the Accused on the basis of the facts and circumstances at the time of the commission of the offence.

Robbery with violence is serious offence and is far too prevalent in the community. It was committed on a taxi driver. The frequency of the commission of such offences on taxi drivers is a matter of concern. As has previously been said, taxi drivers are particularly vulnerable to attacks. It is the Court's task to see that they are protected and anybody minded to attack a taxi driver, must expect a substantial penalty.

In this case physical violence was used on the taxi driver which caused some moderate injury.

At the time the Accused committed this offence he was subject to a 'binding over' order imposed on an earlier conviction for Robbery with Violence. He could not claim any allowance for good character.

In mitigation it can be noted that the Accused has finally pleaded guilty and no weapon was used in the commission of the offence. The Accused said in his submissions that he wants this to be his last conviction and asks to be given a chance.

Weighing all these matters up and bearing in mind that the nature of this offence calls for a salutary penalty, the Accused is convicted and sentenced to 2 years imprisonment.

Justice D.B. Pain