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State v Tuwai [2010] FJMC 48; Criminal Case 710 of 2007 (7 May 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 710/07

BETWEEN

THE STATE

AND

ATUNAISA TUWAI

SENTENCE

1. You, Atunaisa Tuwai are to be sentenced upon being found guilty to the charge of robbery with violence contrary to Section 293(1)(b).
   
2. The maximum punishment for this offence is life imprisonment.
   
3. In this case I pick my starting point as 4 years.
   
4. You have committed this offence with two others on the 27th day of October 2007 during the night. You have followed the complainant and his wife and have robbed money and jewelry worth of $1920. No property has been recovered in this case. You have robbed only the complainant as his wife has run to a nearby house for help. The complainant and his wife said in evidence that you looked drunk. You have grabbed the complainant from his neck and have used violence on him. You have committed this offence on the road when the complainant and his wife were returning from the town.
   
5. The court has to take in to consideration the prevalence of violent robberies in the community in sentencing. Committing robberies on the roads during the night invariably hampers the freedom of the members of the society to move around without fear and intimidation. This kind of actions creates terror and sense insecurity in the minds of the public. The complainant said that he was frightened and felt that no one is safe to go on the roads.
   
6. The prosecution informed that you have nine previous convictions for similar offences. However I disregard all of them as they are imposed more than eight years ago. But it should be noted that you have not learnt a lesson from your earlier actions.
   
7. The courts have to impose deterrent sentences in this kind of cases not only to punish the accused but also to send a stern message to the other members of the public of the consequences of this kind of callous and irresponsible actions.
   
8. Thus for the aggravating circumstances of this case I enhance the sentence by 12 months.
   
9. In mitigation you said that you are married with 4 children. You said two of them are schooling and one is 5 months and the other one is 3 years old. You said that your wife complains that she cannot look after them as she is unemployed. You said you think about the welfare of the family. You asked for leniency from this court.
   
10. Apart from your personal circumstances you did not mention any compelling mitigating factors. The court did not see any remorse on your part.
    
11. I consider the fact that you have been in remand since 19th February 2010 in sentencing.
    
12. For the mitigatory circumstances I reduce your sentence by nine months.
    
13. Thus I impose four years and three months imprisonment on you.
    
14. The period that you were in remand from the 19th February 2010 to this date should be reduced from your term of imprisonment. Further I order that you are eligible for parole after thirty months.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka
07.05.2010