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State v Baba [2013] FJMC 353; Criminal Case 1849.2008 (25 September 2013)

IN THE MAGISTRATES COURT OF FIJI
AT SUVA

Criminal Case No: - 1849/2008

STATE

V

FILIPE BABA

For Prosecution : - Ms. A. Korodrau– DPP counsel
Accused : - Ms. Savou

SENTENCE

1. FILIPE BABA, you were convicted by this Court after a trial for one count of Rape contrary to section 149 and 150 of the Penal Code Cap17.
   
2. It was revealed in the trial that on 26th October 2008 at Lami you dragged the victim to a nearby bush and raped her.
   
3. Both parties have filed their respective submissions in this case and I have considered them also for my sentence.
   

LAW AND TARIFF

4. The maximum penalty for this offence under the Penal Code is life imprisonment.
   
5. In Mohammed Kasim v The State Appeal 14 of 1993 it was stated:
   

"We consider that any rape case without aggravating or mitigating feature the starting point for sentencing an adult should be a term of imprisonment of 7 years. It must be recognized by the courts that the crime of rape has become altogether too frequent and the sentences imposed by the courts for that crime must reflect an understandable public outrage"

6. The above decision was later supported in, Drotini v. The State [2006] FJCA 26; AAU0001.2005S (24 March 2006) where the court observed:
   

"The continuing frequency of such cases has resulted in a general increase in levels of sentences ordered in rape cases by the courts of Fiji. We endorse that trend. We do not suggest that the starting point described in Mohammed Kasim's case should altered in rape cases in general but the sentencing court should not hesitate to increase the sentence substantially where there are further aggravating factors".

AGGRAVATING FACTORS

7. You had joined the drinking party which included the victim in this case after you offered to play music for them from your taxi. By committing this offence you breached that trust. You also assaulted the victim and her friends before doing this. You tried to shift the blame on the victim and others by saying they damaged your vehicle on that night.
   

MITIGATION FACTORS

8. The Learned Defence counsel in her written mitigating submission as well as oral submission highlighted following grounds.
   
   1. Married.
   2. Financially supporting his mother and other family members.
   3. Engaged in youth work.
      
9. Based on Mohammed Kasim v The State I select 07 years as my starting point and add 03 years for aggravating factors to reach 10 years. Deduct 02 years for mitigating factors, delay in this case and for the time in custody to reach 08 years imprisonment. You are not a first offender and therefore not entitled for any discount for that.
   
10. In pursuant to Section 18(1) of the Sentencing and Penalties Decree I also impose 07 years as non parole period in this case.
    
11. Accordingly you are sentenced to 08 years imprisonment for the Offence of Rape with a non parole period of 07 years.
    
12. 28 days to appeal
    

26th September 2013

H.S.P.Somaratne
Resident Magistrate