Home | Databases | WorldLII | Search | Feedback Magistrates Court of Fiji

State v Cellua [2013] FJMC 79; Criminal Case 218.2009 (14 February 2013)

IN THE RESIDENT MAGISTRATE'S COURT AT NAVUA

Criminal Case No: - 218/2009

STATE
A

V

JOSEFA CELLUA

For Prosecution : - Sgt. Lenaitasi

Accused : - In person

SENTENCE

1. JOSEFA CELLUA, you were found guilty and convicted by this Court for the offence of Robbery with Violence contrary to section 293(1) (a) of the Penal Code on 24/01/2013.
   
2. It was revealed during the hearing that on 06/08/2009 in the middle of the night you entered in to the house of complainant and robbed items to the total value of $1,063.00.
   
3. Under the old Penal Code the maximum penalty for this offence is life imprisonment. The tariff for this offence was discussed in the following cases.
   
4. In Seseu v State [ 2003, FJHC 224, HAM0043], her Ladyship Justice Shameem held that tariff for this offence is 4-7 years imprisonment.
   
5. In State vs Mataiasi Bulivou Susu [2010] hrdship ship Justice Goundar noted that organized gang robberies attract the sentence of 8-14 year imprisonment.
   
6. Considering the facts in this case I take my starting point as 10 years imprisonment for your sentence.
   
7. The following will be considered as aggravating factors in this case.
   
   1. This was committed in the night.
      
   2. This was committed in 2009 and at that time the value of the stolen properties was high.
      
   100. No properties were recovered
        

For all these aggravating factors I add 03 years to your sentence to reach 13 years imprisonment.

8. You have submitted following grounds as the mitigating factors for you.
   
   1. A 24 years old
      
   2. Married with 02 children
      
   100. Seek forgiveness
        
   4. Remorseful
      
9. For these mitigating factors I deduct 05 years from your sentence to reach 08 years imprisonment.
   
10. Now your final sentence in 08 years imprisonment. Since your sentence exceeds 02 years this Court does not have to consider about suspending your sentence.
    
11. Accordingly you are sentenced to 08 years imprisonment for the offence of Robbery with Violence to be served concurrently with any prison sentence you are presently serving.
    
12. Also under section 18(1) of the Sentencing and Penalties Decree you are not eligible for a parole for 06 years.
    
13. 28 days to appeal.
    

14/02/2013

H.S.P.Somaratne
Resident Magistrate, Navua