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State v Tawake [2017] FJMC 2; Criminal Case 2143 of 2014 (6 January 2017)

IN THE MAGISTRATES’ COURT OF FIJI

AT SUVA

Criminal Case No: -2143/2014

STATE

V

EPARAMA TAWAKE
Counsel: Ms. S.Navia and Ms.Tamani for the State (ODPP)
The Accused in Person
Date of Sentence: 06^th of January 2017

SENTENCE

1. EPARAMA TAWAKE, you were convicted after a hearing to with one count of Aggravated Robbery contrary to Section 311(1)(a) and (b) of the Crimes Decree No. 44 of 2009.
2. The prosecution proved that on 12/12/2014 you with another robbed the complainant at Vatuwaqa. He was going home after work when you called him and asked for money. When refused you attacked him with a knife and stole $20.00 from him.
3. Maximum penalty for the offence of Aggravated Robbery is 20 years imprisonment.
4. In Wise v State [2015] FJSC 7; CAV0004.2015 (24 April 2015) his Lordship Chief Justice Anthony Gates said:

“We believe that offences of this nature should fall within the range of 8-16 years imprisonment. Each case will depend on its own peculiar facts. But this is not simply a case of robbery, but one of aggravated robbery. The circumstances charged are either that the robbery was committed in company with one or more other persons, sometimes in a gang, or where the robbers carry out their crime when they have a weapon with them.”

5. In Laisiasa Koroivuki v the State [2013] FJCA 15; AAU0018.2010 (5 March 2013) his Lordship Justice Goundar discussed the guiding principles for determining the starting point in sentencing and observed :

"In selecting a starting point, the court must have regard to an objective seriousness of the offence. No reference should be made to the mitigating and aggravating factors at this time. As a matter of good practice, the starting point should be picked from the lower or middle range of the tariff. After adjusting for the mitigating and aggravating factors, the final term should fall within the tariff.

6. Considering the objective seriousness and your culpability, I select 12 years as the starting point for your sentence.
7. Only factor that would have aggravated this offence is the victim suffering injuries from the assault, but there was no conclusive evidence to prove that. Hence I am not going to enhance your sentence.
8. As mitigating factors I consider your young age and past good behavior and deduct 02 years to reach 10 years imprisonment.
9. Section 24 of the Sentencing and Penalties Decree states the court has to consider period of custody as the period of imprisonment already served. When asked by this court you said you are in remand for nearly 01 year, which was disputed by the State. Perusing the court record shows you were in remand from 16/12/2014 -27/03/2014 and from 17/11/2016 up to now. For that I deduct 06 months to reach 09 years 06 months imprisonment.
10. Even though you are a young and a first offender the duty is cast upon the court to protect the public from this kind of offence in streets. The safety of the public need to be guaranteed in this country even if it means people like you has to spend long period behind bars.
11. EPARAMA TAWAKE, I sentenced you to 09 years 06 months years imprisonment for the offence of Aggravated Robbery contrary to section 311(1) (a) and (b) of the Crimes Decree with a non- parole period of 07 years.
12. Since this court is exercising the extended jurisdiction of the High Court case, the parties may appeal against this sentence within 30 days with leave to the Court of Appeal.

Shageeth Somaratne

Resident Magistrate