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State v Simpson [2010] FJMC 131; CRC1345.2007 (20 July 2010)

IN THE RESIDENT MAGISTRATE'S COURT AT SUVA

Criminal Case No: 1345 of 2007

STATE

V

PATRICK SIMPSON

For Prosecution: Cpl Lutunauga
Accused: In Person

SENTENCE

1. You, PATRICK SIMPSON are here, today to be sentenced on admission of guilt on your own accord for the offence of "Robbery with Violence", an offence punishable under sec. 293 (1) (b) of the Penal Code and Unlawful Use of Motor Vehicle an offence punishable under sec. 292 of the Penal Code(Cap 17).
   
2. When this case was called in Court on 20th September 2010, you informed the Court that you are admitting all the charges and pleading guilty. I am satisfied that you have pleaded guilty on your own free will.
   
3. According to the summary of facts which you have admitted, 22nd July 2007, at about 9.30 pm, complainant had picked you in order to have sex with you. Complainant had taken you to Gladstone road and had tried to have sex with you. Then you have inquired from the complainant whether he got money with him. Complainant replied in negative. You then have punched him until he got unconscious. Then you have stolen a mobile phone belongs to the complainant and drove away in the car belongs to the complainant.
   
4. Maximum sentence prescribed for the offence under Sec. 293 (1) (b) is "life imprisonment". The tariff for the 'Robbery with violence' is 4 to 8 years imprisonment.
   

Seriousness of the offence and aggravating factors

5. According to Justice Goundar in The State v. Sakiusa Rokonabete and three others (Criminal Case No. HAC 118 of 2007 Suva, 15th September 2008), aggravating factors, such as, Group offending, planned acts, vulnerable victim, value of the items taken and using of weapons, would invariably invite for a higher starting point in sentencing. In The State v. Timoci Delana [HAC 190 of 2008, 108, 113 and 126 of 2009 on 01st February 2010], Justice Goundar emphasised the above-mentioned facts as aggravating factors.
   
6. According to the Court of Appeal Judgment by Sheppard JA, Gallen JA and Ellis JA in Singh v. State {[2004] FJCA 8; AAU0008.2000S (19th March 2004)}, " 'robbery with violence' either actual or threatened will always give rise to serious consequences". Following factors have considered as guidelines in sentencing.
   
   1. The extent of the loss arising from the criminal action.
      
   2. Vulnerability of the victim and the effect of them and their lives.
      
   3. Subsequent behaviour.
      
   4. Previous criminal record of the offender.
      
   5. Remorse (remorse expressed afterwards how genuine cannot carry as much weight)
      
7. Number of decisions of court have emphasized that it is appropriate to follow English guidelines for the offence of "Robbery with Violence" since both English and Fijian system carries 'life imprisonment' as the maximum penalty. (Basa v. State [2006] Cr. App. AAU. 24/05, 24 March 2006, State v. Vakararawa [2008] FJHC 114; HAC047.2006, 3 June 2008). In R v. Turner 61 Cr. App. R. 67, it was held that "previous good character is not a strong mitigating factor although repeated offenders should be sentenced more heavily than first offenders".
   
8. Considering the facts of the case I set my starting point of sentencing for 04 years.
   
9. Even though the summary of facts indicated that you have assaulted the complainant until he was unconscious, there is no medical report in the Court to support the prosecution's version of the case. Value of the stolen item was only $139.
   
10. I find no aggravating circumstances in this case.
    
11. You plead guilty with out wasting the Court's time. I reduce 18 months to reflect your guilty plea. Your sentence now stands for 2 years and 06 months imprisonment.
    

Mitigating facts

12. In mitigation you sought forgiveness and leniency from the court and promised not to re-offend. To reflect the mitigation I reduce another six moths from your sentence.
    
13. Your sentence now stands for 24 months imprisonment. I am mindful to the fact that sentences which are for two years and below could be suspended by this Court.
    
14. Considering the facts of this case and keeping the guidelines set out in Sentencing and Penalties Decree 2009, I make following orders. One year (12 months) of your sentence is suspended for 03 years. For the other 12 months of your sentence you are ordered to do 200 hours community work, at the Suva Magistrate's Court under the supervision of the SCO commencing from 01st December 2010.
    
15. 28 days to appeal.
    

On this Tuesday the 20th day of July 2010

Kaweendra Nanayakkara
Resident Magistrate