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State v Vaqewa [2010] FJMC 59; Criminal Case 890 of 2008 (4 June 2010)

IN THE MAGISTRATE'S COURT AT LAUTOKA

Criminal Case No 890/08

BETWEEN

THE STATE

AND

ERONI VAQEWA

SENTENCE

1. You, Eroni Vaqewa are to be sentenced upon being found guilty to the charge of Robbery with violence contrary to Section 293(1)(b) of the Penal Code.
   
2. The maximum sentence for this offence is life imprisonment.
   
3. In this case I pick my starting point as 5 years.
   
4. On the 27th November 2008 you have committed this offence on a lady when she was going to get on to her vehicle which was parked in front of her house. She said she was going back from her house after lunch. It was revealed that soon before you committed this offence you have robbed a taxi driver and you are already sentenced in that case.
   
5. You have robbed Money and property worth of 8700 dollars from the complainant. During the struggle to grab her hand bag she had fallen down on the road. Then you have put your foot on her chest and pinned her down and have grabbed the hand bag. She has received injuries according to the medical report. She has received cuts on her lips, abrasions on both knees, bruises on right hand and a cut on her small left finger. It's clearly evident that you have used so much of force on her to grab her bag. It is difficult even to imagine the trauma and fear the victims go through in this kind of situations apart from the physical injuries they receive.
   
6. If a person is not safe in front of that person's own house at least during the day time, the court has to seriously look in to such incidents and impose appropriate sentences. The impact of this kind of actions could create an insecure atmosphere for the members of the public to do their day to day work. The court has a duty to impose deterrent sentences for this kind of offences not only to punish the culprits but also to send a message to the members of the public.
   
7. The courts have treated robberies committed on vulnerable members of the society in a more serious manner. Also the degree of force used and the degree of injury to the victim and the nature and the duration of threats to the victim are considered to be aggravating factors.
   
8. It was revealed that the value of the property stolen was 8700 dollars. The value of the items robbed is also considered as an aggravating factor. It was further revealed only the hand bag was recovered.
   
9. For the aggravating circumstances in this case I enhance the sentence by 12 months.
   
10. You did not say anything in mitigation. The court explained to you as to why you should make submissions for mitigation. But it should be noted that you have ignored to exercise your right in a very stubborn way. Once before the court on its own motion referred you to the legal aid despite the fact that you have waived right to counsel at the beginning. Yet you did not take any steps to obtain legal aid. Again on the 29th December 2009 you waived right to counsel. The court has granted you all the opportunities despite your offensive conduct. It appears that not only you do not consider your actions to be serious in nature but also that you are not remorseful of your actions.
    
11. However considering your young age and the time you were in remand I decide to reduce your sentence by 6 months.
    
12. Accordingly I impose five years and six months imprisonment on you.
    
13. Further I order that you are eligible for parole after 40 months.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate

Lautoka.
04.06.2010.