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State v Vatukarasa [2010] FJHC 121; HAC028.2008 (14 April 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 028 OF 2008

STATE

V

TEVITA VATUKARASA

Ms L. Vateitei for the State
Accused in Person

Date of Hearing: 7 April 2010
Date of Sentence: 14 April 2010

SENTENCE

[1] The accused faces one count of robbery with violence contrary to section 293(1)(b) of the Penal Code and one count of larceny contrary to section 259 and 262 of the Penal Code, Cap. 17. On the 7th April 2010 he pleaded guilty in this Court to the count of larceny and on agreeing a summary of facts was duly convicted on that count.
Facts

[2] On the 12th April 2008 at 12.30am a taxi driver delivered a 65 year old American tourist to his destination in Lautoka. On unloading the tourist’s luggage, the accused grabbed the driver from behind and then summonsed 6 or 7 boys who came running to the taxi. Between them they took an ipod, 2 ipod speakers, spectacles, blood pressure machine, blood sugar monitor and $10 cash, all to the value of US$1410. The accused was identified and a subsequent search of his home revealed some of the stolen property. He co-operated with the police on arrest.

The Law

[3] Given that he has similar previous convictions, the maximum penalty for larceny is ten years’ imprisonment, and the normal range of sentences for a repeat offence is between 4 to 18 months as laid down by Shameem J. in State v Jona Saukilagi [2005] HAC 21/04.

[4] He will receive a discount for entering a plea at an early stage of these proceedings, but I note that it was not at the earliest opportunity.

[5] The offence was committed against an incoming tourist to Fiji and this Court has a zero tolerance policy of crimes committed against tourists. The tourism industry is a major contributor to the economy of Fiji, particularly in this part of the country, and any interference with the confidence of tourists coming here will receive harsh punishment. In addition the accused stole medical equipment from the victim which I regard as an added aggravating feature.

[6] He brought a gang of boys with him on that night and so the theft was obviously premeditated.

[7] I take as a starting point a term of imprisonment of 18 months. As already stated, there are serious aggravating features including:

1) crime against a tourist;

2) premeditated offence;

3) theft of needed medical apparatus;

4) middle of the night;

and for these features I add another 18 months making a total of 3 years.

[8] For his early plea of guilty I deduct 9 months, meaning that the total term he will serve for this offence is one of 2 years and 3 months.

[9] You are a serving prisoner, serving a term of 5 years 8 months for robbery with violence since 2008. I order that 12 months of this presence sentence be served concurrently with the sentence presently being served and 1 year 3 months be served consecutively.

Paul K. Madigan
Judge

At Lautoka
14 April 2010