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State v Erenavula [2013] FJMC 116; Criminal Case 283.2011 (22 March 2013)

IN THE MAGISTRATE'S COURT OF FIJI ISLANDS
WESTERN DIVISION AT NADI
CRIMINAL JURISDICTION

CRIMINAL CASE NO: 283/11

THE STATE

V

VILIAME ERENAVULA

Cpl Francis for prosecution

Accused in person
Date of Sentence: 22. 03. 2013

SENTENCE

1. You, VILIAME ERENAVULA, were charged with one count of Robbery contrary to section 310 (1) (a) of the Crimes Decree No.44 of 2009. You had elected your trial to be tried by this court. You pleaded guilty to the charges when the charge was read and explained to you, after confirming that you understood the charge.
   
2. Summary of facts was put to you by the prosecution and you admitted the facts stated therein. I have reviewed the facts against the charges laid in the information and it supports the essential constituents of the charge. I therefore convict you as charged.
   
3. The outline of facts admitted by you confirms that 17 March 2011 at about 1500hrs at Narewa village Nadi robbed one Mohammed Sahid, the complainant of his cash $39.00 after assaulting him.
   
4. The complainant is a taxi driver. On that day he received a call through RT to pick a job at their base and drop off in Narewa village. After drop off you got into the taxi and told you wanted to be dropped off at the main road. On your way you directed the complainant to follow the Narewa village Church road, then told to turn the taxi around and got off, came to the driver's seat, held the steering wheel pulled it towards the Church steps when the taxi was in motion. The complainant tried to fight back in the process you punched him on his right jaw which caused him to lose control of the vehicle and as a result bumped into the Church steps. The vehicle sustained damages. You then forcefully took out the cash from the victim's shirt pocket and fled the scene. The Medical Report confirms that the victim had mild tenderness over right jaw.
   
5. The aggravating features were that attacking a taxi driver, pain and shock caused to the victim, the loss caused to the victim and total disrespect of the law.
   
6. The mitigating factors are that your early guilty plea, previous good character and remorse.
   
7. In your mitigation you also submitted your personal circumstances in that you told that: you are 22 years of age, married with a child and working at Sheraton as a waiter.
   
8. You had admitted one previous conviction on drunk and disorderly contrary to section 5 of the Minor Offences Act. Your conviction dates 17. 08. 1999. I disregard your conviction as spent and unrelated one. I therefore treat you as a first offender.
   
9. The offence 'Robbery' carries a penalty of 15 years imprisonment according to section 310 (1) of the Crimes Decree. Justice Shameem in Shailesh Kumar V State [2006] HAA 10/06S 26 May 2006 approved 3 1/2 year sentence for robbery.
   
10. In Fiji robbery has been a common occurrence hence this offence attracts longer term.
    
11. I therefore in your case, pick 30 months as my starting point. Add 6 months to reflect the aforesaid aggravating factors. Deduct by 12 months to reflect your early guilty plea. That takes your interim total to 24 months. Discount further 06 months to reflect your previous good character and mitigation. Your final sentence is 18 months imprisonment.
    
12. Custodial sentence is warranted in your case by the nature of the offending. However, I have discretion to order that the offender serve a term of imprisonment partly in custody and partly in the community pursuant to section 15-(b) of the Sentencing and Penalties Decree, No. 93 of 2009. I therefore, considering all into my account, order that you serve 5 months imprisonment of your sentence as immediate custodial sentence and suspend the rest of the sentence (13 months imprisonment) for a period of three (3) years from today.
    
13. You must not re-offend during the operational period of the suspended sentence. If you re-offend during the operational period of the suspended sentence of imprisonment, you will be liable to be prosecuted under section 28-(1) of the Sentencing and Penalties Decree 2009.
    
14. You have twenty eight (28) days to appeal.
    

ORDER

15. I make the following order:
    

(a) You are hereby sentenced to 18 months' imprisonment in that you will serve 5 months of that as immediate custodial sentence and the rest of the sentence (13 months) has been suspended for a period of three (3) years from today.

.................................................
M H Moahmed Ajmeer
Resident Magistrate

Dated at Nadi this 22nd day of March 2013.