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State v Rabutoro - Sentence [2015] FJHC 993; HAC205.2014S (10 December 2015)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 205 OF 2014S

STATE

vs

1. JOVECI RABUTORO
2. SEREVI DEGEI
3. LEDUA RARAWA
4. ETONIA VOSA
   

Counsels : Mr. M. Vosawale and Ms. Bogitini for State
Ms. P. Lal for Accused No. 1
Mr. S. Waqainabete for Accused No. 2
Ms. P. Chand for Accused No. 3
Ms. R. Drau for Accused No. 4

Hearings : 2, 3, 4, 7 and 8 December, 2015
Summing Up : 10 December, 2015
Judgment : 10 December, 2015
Sentence : 10 December, 2015

SENTENCE

1. In a judgment delivered today, all four accuseds were found guilty and convicted of gang raping the complainant at the Ritz Nightclub on 26 June 2014.
   
2. The complainant went to the nightclub, with her friends, on 26 June 2014, at 12.30 am. They consumed four jugs of rum and cola. The complainant later went to the toilet. Accused No. 4 attacked her near the toilet, and carried her to the Karaoke bar. In the bar, they repeatedly assaulted the complainant and gang raped her.
   
3. The maximum sentence for rape was life imprisonment. Previous case laws had set the tariff for the rape of an adult a sentence between 7 to 16 years imprisonment. The actual sentence will depend on the aggravating and mitigating factors.
   
4. In this case, the aggravating factors were as follows:
   
   • (i) Breach of Trust: All the four accuseds were working at the Ritz Nightclub as bouncers and doorman. Their job at the time was to look after the patrons to the nightclub, and ensure their night out was a good one. However, they breached the trust the complainant had in them by gang raping her. Obviously, they have to get a severe prison sentence to atone for their misdeeds;
     
   • (ii) The accuseds also took advantage of the complainant's intoxicated condition that night by raping her;
     
   • (iii) They not only violently raped the complainant, they also assaulted her before raping her. This was true for Accused No. 1, 2 and 4. Accused No. 3 did not call for medical assistance, but joined in the offence by raping the complainant;
     
   • (iv) This was a vicious gang rape of a 20 year old University student.
     
5. The mitigation factors were as follows:
   
   • (i) For Accused No. 1, 2 and 3, this was their first offence. As for Accused No. 4, he had not offended in the past 10 years;
     
   • (ii) All accuseds had been remanded in custody since 1 July 2014, that is, 1 year 5 months ago.
     
6. I start with a sentence of 16 years imprisonment for each accused. I reduce the same by 1 year 5 months, for time already served while been remanded in custody, leaving a balance of 14 years 7 months. For being first offenders and not offending in the last 10 years, I give each of you a 7 months reduction, leaving a balance of 14 years imprisonment.
   
7. Mr. Joveci Rabutoro, Mr. Serevi Degei, Mr. Ledua Rarawa and Mr. Etonia Vosa, for gang raping the complainant at the Ritz Nightclub Suva on 26 June 2014, I sentence each of you to 14 years imprisonment, with a non-parole period of 13 years imprisonment, effective forthwith.
   
8. The complainant's name is permanently suppressed to protect her privacy.
   

Salesi Temo

JUDGE

Solicitor for the State : Office of the Director of Public Prosecution, Suva.

Solicitor for Accused No. 1 : Office of the Legal Aid Commission, Suva.

Solicitor for Accused No. 2 : Office of the Legal Aid Commission, Suva.

Solicitor for Accused No. 3 : Office of the Legal Aid Commission, Suva.

Solicitor for Accused No. 4 : Ms. M. Drau, Barrister and Solicitor, Suva.