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State v Sorovaki [2010] FJMC 85; Criminal Case 273 of 2010 (17 September 2010)

IN THE RESIDENT MAGISTRATE'S COURT AT SUVA

Criminal Case No: 273 of 2010

STATE

V

JOSAIA SOROVAKI

For Prosecution: Sgt. Reddy
All Accused: Present in Person

SENTENCE

1. You, JOSAIA SOROVAKI, are here, today to be sentenced on guilty plea on your own accord for the offence of "Robbery" contrary to Section 310 (1) (a) (ii) of the Crimes Decree 2009.
   
2. When this case called in Court on 08th September 2010, you informed the Court that you want to plead guilty. When I questioned whether you understand the consequence of your plea, you answered in affirmative. Since you are not a stranger to the Fiji legal system, I am satisfied that you were aware of your rights when you entered the guilty plea.
   
3. According to the brief summary of facts (which you have admitted), on 21st February 2010, around 0220 hrs, you were returning from one night club after consuming liquor when you met the victim who had been waiting for a bus at Suva bus stand. You have directly approached the victim and demanded money threatening him with a pen-knife. Then you have snatched his purse which contained $120 cash and bank cards and ran away.
   
4. Maximum sentence prescribed for the offence under Sec. 310 (1) (a) (ii) is "15 years imprisonment", which clearly indicates the seriousness of such offence. I wish to be guided by below-mentioned decisions of Court (even though those cases decided under the repealed Penal Code for 'robbery with violence" offences) in determining the starting point of sentencing.
   
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. According to the Crimes Decree, the offence of "Robbery" described as follows:
   

Robbery

310. — (1) A person commits an indictable offence (which is triable summarily) if he or she commits theft and —

(a) immediately before committing theft, he or she—

(i) uses force on another person; or

(ii) threatens to use force then and there on another person —

with intent to commit theft or to escape from the scene; or

(b) at the time of committing theft, or immediately after committing theft, he or she—

(i) uses force on another person; or

(ii) threatens to use force then and there on another person—

with intent to commit theft or to escape from the scene.

Penalty — Imprisonment for 15 years.

(2) for the purposes of this Decree, an offence against sub-section (1) is to be known as the offence of robbery.

8. According to above description it is clear that the offence you have committed now considered as an aggravated form of theft and it is been defined as a "Robbery".
   
9. Considering the above-mentioned guidelines, I set my starting point of sentencing at 04 years imprisonment. To reflect your guilty plea, I reduce 01 year from your sentence. Since you have 05 previous convictions, you are not entitled for any discount for your previous good character.
   

Aggravating Facts

10. You have used a pen knife to threaten the victim who was waiting for a bus at Suva bus stand around 2.20 am. None of the stolen items were recovered.
    
11. These types of offences are prevalent in Fiji and people like you never hesitate to take advantage of innocent victims who are alone. Considering these facts as aggravating facts, I add another 18 months to your sentence.
    

Mitigating Facts

12. In mitigation, you informed that you are 21 years old and Single. You work as a market vendor and you sought forgiveness for the offence you have committed. You informed that you wish to reconcile with the victim and you are willing to pay a fine. You asked for a lenient sentence and reminded the Court that you are in remand for some times.
    
13. Considering these facts I reduce 18 months from your sentence.
    
14. Your sentence now stands for 03 years imprisonment. Considering the time you spent in remand I order that your sentence to be commenced from 22nd February 2010.
    
15. Out of your 03 years sentence, I order that, 14 months to be regarded as non-parole period.
    
16. 28 days to Appeal.
    

On this Friday the 17th day of September 2010

Kaweendra Nanayakkara
Resident Magistrate