| Fiji Islands - The State v Cakacaka - Pacific Law Materials |
IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
CRIMINAL CASE NO: HAC 007 OF 2000S
STATE
-v-
NETANI CAKACAKA
Counsel: Mr F. Vosarogo for the State
Accused in Person
Hearing: 16th May 2001
Sentence: 17th May 2001
SENTENCE
The Defendant Netani Cakacaka has pleaded guilty on five counts of the amended Information of the Director of Public Prosecutions
as follows:
COUNT 1
Statement of Offence
ROBBERY WITH VIOLENCE: Contrary to section 293(1) of the Penal Code, Cap 17.
Particulars of Offence
NETANI CAKACAKA and LEDUA TIKOSAYA CAGILEVU, and another on the 20th day of October 1999 at Nausori in the Central Division, robbed
DEEPAK LODHIA s/o DHIRU BAI the owner of TULJA JEWELLERS of assorted jewellery to the total value of $6,500.00 and immediately before
such robbery threatened the said DEEPAK LODHIA s/o DHIRU BAI with cane knives.
COUNT 2
Statement of Offence
DANGEROUS DRIVING: Contrary to section 38(1) of the Traffic Act Cap 176.
Particulars of Offence
NETANI CAKACAKA on the 20th day of October 1999 at Nausori in the Central Division drove Motor Vehicle registration number BN069 on
Wainibokasi Road in a manner which was dangerous to the public having regards to all the circumstances of the case.
COUNT 3
Statement of Offence
DANGEROUS DRIVING: Contrary to section 38(1) of the Traffic Act, Cap 176.
Particulars of Offence
NETANI CAKACAKA on the 20th day of October 1999 at Nausori in the Central Division drove Motor Vehicle registration number BN069 on
NG Patel Road in a manner which was dangerous to the public having regards to all the circumstances of the case.
COUNT 4
Statement of Offence
DRIVING A MOTOR VEHICLE WITHOUT A DRIVING LICENCE: Contrary to sections 23 and 85 of the Traffic Act, Cap 176.
Particulars of Offence
NETANI CAKACAKA on the 20th day of October 1999 at Nausori in the Central Division drove a Motor Vehicle Registration Number BN069
on NG Patel Road without being a holder of a valid driving license in respect of the said vehicle.
COUNT 5
Statement of Offence
DRIVING A MOTOR VEHICLE IN CONTRAVENTION OF THIRD PARTY POLICY RISK: Contrary to section 4(1) of the Motor Vehicle (Third Party Insurance) Act, Cap 177.
Particulars of Offence
NETANI CAKACAKA on the 20th day of October 1999 at Nausori in the Central Division drove a Motor Vehicle Registration Number BN069
on NG Patel Road when not covered under the Insurance of Third Party Policy required by the provision of the Motor Vehicle (Third
Party Insurance) Act, Cap 177.
The facts as outlined by the prosecution are that the Defendant with two others came to Nausori town on the 20th of October 1999 in
a stolen vehicle. The Defendant remained in the vehicle, parked outside the Tulja Jewellery Shop, whilst his accomplices entered
the shop, masked and armed with cane-knives. They threatened the shop assistants and owner with the knives. They broke the show glass,
and removed jewellery to the value of $6,500, the property of Deepak Lodhia. When a member of the public locked the door from the
outside, they broke the window glass and escaped in the stolen vehicle driven by the Defendant. The Defendant then sped off down
the back streets of Nausori. Opposite the market he overtook a Tebara bus on the right lane at high speed and hit a private car driven
by one Mohammed Afzal.
He then drove towards Rewa Bridge and turned into Nausori town again. He then collided into a taxi Reg. No. CT388. He then drove towards
the airport.
He was later apprehended by the villagers at Nakelo and handed over to the police. The jewellery was never recovered.
The Defendant agreed to these facts, and was convicted. The antecedent history tendered by DC Aminiasi Lakoenavuli shows that the
Defendant is 28 years old and is married with no children. He is unemployed and is educated up to Form 3 level. He assists his parents
in the running of a small cafeteria.
His previous convictions are numerous, dating back to 1989 for offences such as Robbery with Violence, House-breaking and Driving
Motor Vehicle in contravention of Third Party Risk. His last conviction not recorded on his printed list of previous conviction was
for Being in Possession of Dangerous Drugs on 11th May 2001, for which he is serving a term of 4 months imprisonment.
In mitigation, the Defendant asked for forgiveness and expressed remorse. He said he had not committed any offence since these, except
for the drugs offence for which he is currently serving. On 19th April 2001, the Defendant’s co-accused, Ilaisa Sousou Cava, was
sentenced to 5 years imprisonment to be served concurrently with his pre-existing term.
In that sentence, I canvassed the tariff in the Fiji Courts, and the courts abroad, for offences of armed robbery. I adopt the guidelines
set out in that decision, for the purpose of this sentence. Appropriate sentences for the robbery of shops should range from four
to seven years.
In this case there are several aggravating features such as the use of the cane knives and masks, and the attack in broad daylight
on a defenceless jeweller and his shop assistants. No jewellery was ever recovered, and there was damage done to the shop glass and
show glass.
I take into account the Defendant’s expressed remorse and his guilty plea. I also find that with his long list of previous convictions,
he is not entitled to the leniency shown to first offenders. His role in the robbery was as the look-out and the driver. He is no
less culpable than his accomplices who took part in the raid in the shop. In respect of Counts 2, 3 and 4, the normal sentences given
for these offences in the Magistrates Court is $100 fine. There are no mitigating features in respect of these offences and I will
therefore impose the normal tariff. In respect of Count 5, I impose the mandatory sentence of disqualification. There are no special
reasons not to.
Taking all these matters into account, I sentence him as follows:
Count 1: 5 years imprisonment
Count 2: $100 fine in default 3 months imprisonment
Count 3: $100 fine in default 3 months imprisonment
Count 4: $100 fine in default 3 months imprisonment
Count 5: Disqualified from Driving for 2 years.
Having considered the totality principle I consider that the Defendant should serve his term of five years imprisonment consecutive
to the current term of four months imprisonment that he is serving.
Nazhat Shameem
JUDGE
At Suva
17th May 2001
Hac0007x.00s
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/fj/cases/FJHC/2001/24.html
