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State v Raruvula - Sentence [2022] FJHC 31; HAC60.2021 (8 February 2022)

IN THE HIGH COURT OF FIJI
AT SUVA
[CRIMINAL JURISDICTION]

High Court Criminal Case No. HAC 60 of 2021

BETWEEN:

STATE
(Prosecution)

AND

1) ARCHIE GADE RARUVULA

2) DEVE VUNUQA

3) MOSESE DAVETAWALU

(Accused Persons)

Counsel : Ms. B. Kantharia for the State
Ms. M. Singh for the 1^st and 3^rd Accused
Mr. V. Seduadua for the 2^nd Accused

Date of Sentence : 08^th February 2022

SENTENCE

1. Mr. Archie Gade Raruvula, Mr. Deve Vunuqa and Mr. Mosese Davetawalu, you were indicted in this Court by the Prosecution for one count of Aggravated Robbery contrary to Section 311 (1) (a) of the Crimes Act 2009, as follows;
   

First Count

Statement of Offence

AGGRAVATED ROBBERY: Contrary to Section 311 (1) (a) and (2) (b) of the Crimes Act 2009.

Particulars of Offence
Archie Gade Raruvula, Deve Vunuqa and Mosese Davetawalu on the 22^nd day of February 2021 at Nasinu in the Southern Division, in the company of each other, stole 1 * HP laptop bag containing 1 * Samsung JS Prime black mobile phone, 1 * power bank, 1 * reading glass, 1 * umbrella, 1 * passport, 1 * maroon wallet containing cash of $ 160.00 together with assorted cards belonging to NAVNITA RADHIKA PRASAD and at the time of committing theft, used force on NAVNITA RADHIKA PRASAD.

2. You three accused have pleaded guilty to the above count stipulated in the indictment on the dates mentioned below:
   1. 1^st and 3^rd accused on 09^th April 2021.
   2. 2^nd accused on the 19^th of April 2021.
      
3. According to the summary of facts that were read to you in open court and admitted by you on 01/02/2022:
   
   1. On 22^nd February 2021 at around 6.30 pm when the complainant (PW1) reached the Pulver Road Roundabout on foot after getting off the bus at Pulver Road junction when returning home from work and was about to open the gate to her house the three of you came from behind and Archie Gade Raruvula grabbed the complainant’s grey colour HP brand Laptop bag that she was carrying valued at $80 that contained the following items:
      
      • 1 x maroon colour wallet which was shiny and brand winner was written on it, valued at $60;
      • $160 cash;
      • 2 x BSP ATM cards
      • 1 x Visa BSP card
      • Joint FNF Card and Voter ID Card. The approximate card value is $40.
      • Some of her clothes and reading glass valued at $400,
      • 1 x Samsung J5 Prime black mobile phone with golden plastic case together with its charger and earpiece and all phone accessories valued at $549;
      • 1 x power bank valued at $89
      • 1 x mini umbrella valued at $16
      • 1 x passport

# the total value of these items was $1349.00.

2. While Archie Gade Raruvula was grabbing the complainant’s bag and when the complainant pulled the bag from him, one of you had suddenly come from behind and punched the complainant on the right side of the lip causing a laceration on her lower lip. At that juncture you three have left the crime scene with the items robbed from the complainant.
   
3. This matter was promptly reported to the police who conducted investigations and obtained CCTV footage from Tuirara feeder road. This footage was shown to one Suliavenusi Koroi, prosecution witness number 2 (PW2), who recognized the 3 of you as he played touch rugby with you and had also met you on the day of the incident at about 4 pm. When shown the CCTV footage by the Police PW2 positively identified the three of you in the footage and informed the police that three of you lived in Tovata. On receiving this information, police arrested Archie Gade Raruvula, Deve Vunuqa and Mosese Davetawalu on 24/02/2021.
   
4. Upon arrest, at the Caution Interviews conducted by the police, each of you admitted your involvement in committing this offence. Further, some of the items robbed from the complainant were recovered on your direction. Consequent to the police investigation, Archie Gade Raruvula, Deve Vunuqa and Mosese Davetawalu you were charged in this court for Aggravated Robbery.
   

4. In comprehending the gravity of the offence you have committed, I am mindful that the maximum sentence prescribed by law for Aggravated Robbery is 20 years’ imprisonment.
   
5. However, the tariff depends on the nature and circumstances of the robbery. The applicable tariffs are as follows:

Street mugging: 18 months to 5 years’ imprisonment (Raqauqau v State [2008] FJCA 34; AAU0100.2007 (4 August 2008).

Home invasion: 8–16 years&; imprisonment (Wise v Se v State [2015] FJSC 7; CAV0004.2015 (24 April 2015).

A spate of robberies: 10 -16 years&#8217risonment (Nawalu v160;v Stat0; [2013] FJSC 11; CAV0012.12 (28 August 2013).

Robbery of a taxi driver: 4-10 years (State v Tamani [2011] FJHC 725).

6. The offence committed by the three of you in this matter should be regarded as a street mugging. Therefore the appropriate tariff should range from 18 months to 5 years’ imprisonment.
   
7. In assessing the objective seriousness of offending of the three of you in this matter, I considered the maximum sentence prescribed for the offence, the degree of culpability and the harm caused to the complainant. I gave due cognizance to the sentencing guidelines stipulated in Section 4 of the Sentencing and Penalties Decree 2009. This is a robbery that happened in the evening committed on a lone vulnerable lady returning home from work. Although the complainant was not seriously injured, she sustained a laceration on her lip consequent to your conduct to rob her possessions. I am very mindful that offences of this nature vitiate the safety and security that any resident living in our community may expect from the citizenry and instill fear and vacillation when living in our community. In this regard, the courts have a duty to discourage and deter this kind of anti-social behavior using physical force on innocent members of the public. As a result, I start the sentence with a starting point of 3 years, i.e. in the mid-range of the applicable tariff.
   
8. In mitigation, the defense counsel has informed court that the accused were just over 18 years at the time of commission of this offence. That all three accused are first and young offenders and have maintained a good character before the involvement in this offence. In consideration of the age of the 3 of you, your rehabilitation chances are high. Therefore, I intend to consider your rehabilitation potential and this should be balanced with deterrence and community protection. In this regard, court wish to inform you that you have an entire future ahead of you and you’re expected to contribute positively and take responsibility in defining the future of this country.
   
9. Further, your counsel has informed the court that you have entered an early guilty plea and that you regret your action on the day in question. You have also been supportive to the police during investigations after your arrest. However, court is speculative in considering the early admission of guilt by you as a mark of genuine remorse. Your involvement in the commission of this offense was caught in the CCTV footage and you were recognized by a prosecution witness who knew you. Court is compelled to view this early admission as somewhat of a damage control exercise that came at a time when you had no option but to admit to the commission of this offense. Nevertheless, by pleading guilty to the charge you have saved court time and resources at a very early stage of the court proceedings. For all these grounds in mitigation, you should receive a considerable discount in the sentence. In this regard, I give you a reduction of one third in your sentence.
   
10. The, prosecution brings to the attention of this court that you have been in custody since your arrest on 24/02/2021 for 11 months and 13 days (349 days), which period should be deducted from your sentence separately.
    
11. Taking all these factnto coto consideration, I sentence Archie Gade Raruvula, Deve Vunuqa and Mosese Davetawalu to one (01) year and sixteen (16) days imprisonment, which I suspended for th03) years with the auth authority given to this court by Section 26 of the Sentencing and Penalties Act of 2009.
    
12. If you commit any crime punishable by imprisonment during the above operational period of three (3) years and found guilty by the Court, you are liable to be charged and prosecuted for an offence according to Section 28 of the Sentencing and Penalties Act of 2009.
    
13. You have thirty (30) days to appeal to the Fiji Court of Appeal.
    

............................................................
Justice Dr. Thushara Kumarage

At Suva

08^th February 2022