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State v Drewai [2004] FJHC 458; HAC0014.2002L (13 September 2004)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0014 OF 2002L

THE STATE

V

MELI DREWAI

Mr. K. Tunidau for the State
Accused in Person

Hearing: 7 & 8 September 2004
Sentence: 13 September 2004

SENTENCE

Meli Drewai, you have pleaded guilty and have been convicted of the unlawful use of motor vehicle and robbery with violence.

The facts tendered by the State and agreed to by are that, about a month before the 23^rd May 2002, you and others made a plan to rob the Bank of Baroda at Lautoka. The plan was to steal a vehicle to transport you to and from the bank and at Simla you were to get into a getaway vehicle.

On the 23^rd May 2002, you and others stole a Pajero motor vehicle subject to the first count and you and others loaded cane knives, beer bottles, pinch bars and an axe into the Pajero. Wearing blue overalls you and others drove to the Bank of Baroda at about 10.00am. You put a balaclava on your head, as did the others and armed with the weapons referred to above, you entered the bank. There were at the time 20 people including staff in the bank.

You and the others ordered everyone to lie on the floor. An axe was placed to the neck of one of the tellers, Sabita Raj and she was robbed of the sum of $207,151.00 belonging to the Bank of Baroda and the sum of $70.00 and the coat valued at $40.00 belonging to her personally.

You and the others then made your escape in the Pajero and headed towards Tavakubu where you shared the loot. Subsequently on the 1^st June 2002, you were arrested at Naimasimasi village, Tailevu and the sum of $7,300.00 in Fijian notes was found on you.

You have in mitigation, urged that the court take into account your plea of guilty, the fact that you have served 1 year and 2 months as a remand prisoner and the sentence imposed upon your co-accused that take the money after he pleaded guilty at an early date.

You also asked that any sentence be concurrent with the sentence you are currently serving of 5 years imprisonment for a similar offence.

The terror, alarm and trauma you caused to ordinary members of the public going about their lawful business and to the bank staff performing their duties cannot be ignored. The court must send the message to would be robbers that this type of unlawful behaviour is viewed very seriously by the courts.

A large amount of cash was stolen and only $7,300.00 was recovered from you.

You have pleaded guilty or be it at the last possible moment and for that you must receive some credit as you have saved the State the expense of the trial.

One of your co-accused, Apete Tamani, was sentenced by Govind J. on the 30^th October 2003 and he received 4 months imprisonment with respect to the 1^st Count of unlawful use of motor vehicle and with respect to the 2^nd Count, His Lordship used 7 years as a starting point and gave a discount of 1 ½ years for the plea of guilty and with other adjustments ended up with a resultant term of imprisonment of 6 years and 3 months.

There must of course be parity in sentencing and I take account of the sentences imposed on your co-accused. I use as a starting point 7 years. As I have said, you are entitled to a discount for your plea of guilty, it is at the last possible time and accordingly I give you a discount of 1 year. You have a very poor record, which includes prior offences for robbery with violence, house breaking, entering and larceny, possession of drugs, escaping from lawful custody, burglary and more.

The commission of the offence is aggravated by the pre-planning that took place, the large amount of cash that was stolen and the fact that it was done in company. These aggravating factors and your prior record necessitate the imposition of a further term of 1 year’s imprisonment which leads to an ultimate sentence of 7 years imprisonment.

I note you have spent 1 year and 2 months in custody as a remand prisoner and I give you credit for that.

Sentence

With respect to the charge of unlawful use of motor vehicle, I sentence you to a term of imprisonment of 4 months.

With respect to the 2^nd count, of armed robbery, I sentence you to a term of imprisonment of 6 years from today.

I order that the sentence on Count 1 be concurrent with the sentence on Count 2.

JOHN CONNORS
JUDGE

At Lautoka
13 September 2004