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State v Tawake [2004] FJHC 433; HAC0010.2003L (8 July 2004)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0010 OF 2003L

THE STATE

V

MOSESE BOGISA TAWAKE

Counsel: Mr. N. Nand for the State
Ms. S. Nair for the Accused

Date of Hearing: 7 July 2004
Date of Ruling: 8 July 2004

SENTENCE

Mosese Bogisa Tawake, you have pleaded guilty and have been convicted of the offences of manslaughter and robbery with violence.

The facts which you have accepted are that on the 22^nd August 1994 at about 1.00am, you and others were drinking at Nailaga village when you ran short of drinks and the group of which you are a member planned to rob Shai’s Service Station.

There are only two people working at the service station, the petrol attendant and watchman, Becham.

The petrol attendant was struck with a cane knife when he refused to hand over the keys and you punched the watchman, Becham, twice on his face and he fell backwards and you then kicked him. The deceased died of a left extradural haemorrhage.

The petrol attendant suffered knife wounds to his arm and other minor injuries.

$306.00 in cash and cigarettes to the value of $94.00 were stolen from the service station.

The co-accused were dealt with in 1996 and the 1^st and 2^nd co-accused who ultimately pleaded guilty to the manslaughter and robbery with violence charges and was sentenced to 6 years for manslaughter and 3 years for robbery with violence.

They appealed the severity of their sentences but the sentence for the 1^st accused was not disturbed by the Court of Appeal and the sentence of the 2^nd accused was reduced to 4 ½ years for manslaughter.

The 1^st accused accepted responsibility for punching Becham, the deceased.

The 1^st accused was of the similar age to you and whilst the trial Judge does not make it clear, I accept that the term of 6 years takes account of the discount for the plea of guilty and also takes account of his prior conviction.

You were at the time of the commission of the offences 20 years of age and a student. You are now 30 years of age and have borne the burden of these crimes for 10 years.

You are now married and have a child who is almost 3 years of age.

You have obtained IT qualifications and held a good job at the Sheraton Hotel until your arrest for these matters.

The court is told that you are actively committed to your church.

You have no prior convictions.

Whilst on remand, a period of 9 months was spent in custody.

These were senseless and brutal offences which were obviously carried out whilst you and your co-accused were affected by alcohol.

You tell the court that you no longer drink alcohol or yaqona.

A custodial penalty must be imposed for each of the offences both to serve the community and to act as a deterrent to others.

I am also obliged to deal with you showing parity with the sentences received by your co-accused.

Accepting as I do, that the sentence of 6 years imposed on the 1^st accused for manslaughter takes account of a discount for the plea of guilty, I propose to further discount that to 5 years to take account of your previous good character.

You have served the period of 9 months imprisonment whilst on remand and I therefore give you credit for a period of 12 months which reduces the sentence to 4 years.

Making similar adjustments to the sentence imposed on the 1^st accused for robbery with violence, I arrived at the term of 2 years.

You are sentenced to imprisonment for a term of 4 years on the count of manslaughter and to imprisonment for a term of 2 years on the count of robbery with violence. The sentences are to be served concurrently and are to date from today.

JOHN CONNORS
JUDGE

AT LAUTOKA
8 JULY 2004