Counsel: Petaia for for the State;
Sent>Sentencing: 26th March 1998
SENTENCING REMARKS OF J.
Peni Murivalu, you appeaappear for sentence on a charge of robbery with violence. The learned Magistrate who heard the case committed
you to this court for sentence as he considered that the maximum sentence he could impose was insufficient.
This offence was committed by you with two other offenders namely KEMUELI BALE VEREBALAVU and JIUTA VUAKA. They were also remanded
to this court for sentence after pleading guilty in the Magistrates court (Misc. Application 6 of 1997). On the 5th March of 1998
I sentenced each of them to six and half years imprisonment. The remarks I made on that occasion should be read together with and
considered as part of my present remarks.
This was a very serious offence of robbery with violence. An elderly couple were attacked in their own home and cash, jewellery and
a rifle having a total value of $7700 was stolen.
For the reasons given in my earlier decision, I consider that the starting point for sentence in this case is eight years imprisonment.
There are some aggravating features. This was clearly a planned and premeditated joint enterprise committed by three people together.
A weapon was used. There was a substantial personal attack upon the victims and their homes. Both suffered injuries and were hospitalised.
The offenders used concerted and unnecessary violence from the outset and displayed a callous disregard for the plight of the victims.
You situation is no different from that of your co-offenders.
You are not entitled to any credit for previous good character. Indeed, you have a more substantial criminal history than either of the other two. This includes convictions for a
variety of offences including three for robbery with violence.
There is nothing in your personal circumstances that would justify any reduction of sentence for this serious crime.
However, like your two co-offenders, you admitted the commission of the offence when interviewed by the Police. You also pleaded guilty
at the first opportunity. As a matter of general policy, Courts will give credit to a defendant who pleads guilty. A realistic allowance
must be given in this case.
I consider that you should receive the same sentence that imposed upon your co-offenders.
You are sentenced to six and half years imprisonment.
Justice D B Pain
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/fj/cases/FJHC/1998/40.html
