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State v Ratunarukutabua [2008] FJHC 206; HAC046.2005 (8 September 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC046 of 2005

STATE

v.

IRIMAIA RATUNARUKUTABUA alias FAN

Hearing: 8th September 2008
Sentence: 8th September 2008

Counsel: Ms L. Lagilevu for State
Mr. T. Tarere for Accused

SENTENCE

Irimaia Ratunarukutabua, you have pleaded guilty to, and have been convicted of, two counts of robbery with violence.

On the 30th day of January 2005, at Nabua, you with others, wearing pompoms and caps and armed with a cane knife, pinch bar and iron rod, entered Shop 28 at Mead Road and robbed Yu Mei Yi, a shopkeeper with a baby aged one year, of cash and other items valued at $4,000. When you forced open the grilled front entrance with your companions, using an iron rod, Yu Mei Yi escaped to the back taking her baby with her. After the robbery you and the others drove off in a getaway vehicle. You then went to the Shell Service Station at Nabua and robbed the Service Station of cash and items valued at $1,050. When the cashier saw you he ran to the bulk store and shut himself up. During the robbery the cash register was forced open. All of you drove off in the same car. You were arrested on the 13th of March 2005. Under caution you admitted taking part in the robberies saying that you joined the group when you were drunk. You said that at the shop you had been holding a pinch bar and that you were involved in the forcing of the grill. At the Service Station, you admitted that you had taken an active part in the robbery.

You have admitted these facts, and 29 previous convictions, all for similar offences on the same. Your last conviction was in 2007 for house breaking entering and larceny.

The tariff for robbery with violence generally is 4 to 7 years, but there is a higher tariff where the robbery is committed carrying arms. I therefore commence at 7 years imprisonment on each count. Aggravating factors are the high value of the items stolen and your very active part in the robberies. In your favour is that no actual violence was used on either of the victims, and that you co-operated with the police. I also accept that you did not take part in the planning of the robberies but joined it at the last minute.

Taking all these factors into account I arrive at a sentence of 8 years imprisonment. That would be your sentence on each count if we had proceeded to trial. However you pleaded guilty and have saved the courts time. I therefore reduce your sentence by two years and sentence you to 6 years imprisonment on each count. Because the offending occurred on the same day and were part of a continuing criminal transaction, I order that the terms be served concurrently.

Nazhat Shameem
JUDGE

At Suva
8th September 2008