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State v Bogi [2016] FJHC 645; HAC70.2014 (8 July 2016)

IN THE HIGH COURT OF FIJI
AT LABASA

CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 70 OF 2014

STATE

v.

JONE BOGI

Counsel: Mr. L. Fotofili for State
Mr. A. Paka for Accused

Dates of Hearing : 4, 5 and 6 July 2016
Date of Summing Up : 7 July 2016
Date of Judgment : 7 July 2016
Date of Sentence : 8 July 2016

SENTENCE

[1] Jone Bogi, you stand convicted for one count of Rape and one count of Theft.

[2] The brief facts of the case are, the complainant was a tourist From USA, and she went to see the water slide in Waitavala, Taveuni. It was an isolated area and she was alone. You pushed her on to the ground and forcefully removed her clothes. When she tried to sit up for the third time, you put your fist on her face so that she could not resist. You licked her vagina penetrating your tongue into her vagina. You also stole her i-phone and it was later recovered in a bush in Waitavala settlement area.

[3] Tourism is one of the major sources of foreign exchange in Fiji. The tourists who visit Fiji should be encouraged and protected. Instead you raped the complainant and stole her phone. You deserve deterrent punishment.

[4] The maximum punishment prescribed for Rape is imprisonment for life. Tariff for Rape of an adult is 7 – 15 years imprisonment (State v Marawa; HAC 0016T.2003S (23 April 2004).

Aggravating Factors

[5] The aggravating factors are, that you took advantage of the vulnerability of the complainant as she was a foreigner and was alone in the isolated area. You repeatedly pushed her on the ground to prevent her from sitting up and resisting. Victim impact statement filed of record is also taken in to consideration.

Mitigating Factors

[6] You are a first offender. You are 31 years old; you look after your father who is 59 years old, from your earnings as a farmer. Your personal circumstances submitted by your counsel are also taken into account.

[7] In the case of Kasim v. State (1994) FJCA 25; AAU 0021j.93S it wait was decihat the stae starting point for sentencing an adult in any rape case without aggravating or mitigating features, should be a term of imprisonment of 7 years.

[8] In Mohammed Kasiase court said:

">"While it is undoubted that the gravity of rape cases will differ widely depending on all the circumstances, we think the time has come for this Court to give a clear guidance to the Courts in Fiji generally on this matter. We consider that in any rape case without aggravating or mitigating features the starting point for sentencing an adult should be a term of imprisonment of seven years. It must be recognized by the Courts that the crime of rape has become altogether too frequent and that the sentences imposed by the Courts for that crime must more nearly reflect the understandable public outrage. We must stress, however, that the particular circumstances of a case will mean that there are cases where the proper sentence may be substantially higher or substantially lower than that starting point".