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State v Cama [1994] FJHC 137; HAM0009t.94s (5 October 1994)

IN THE HIGH COURT OF FIJI
(SUVA)
CRIMINAL JURISDICTION

MISC.CASE NO. HAM0009 OF 1994

BETWEEN:

STATE
COMPLAINANT

-AND-

JONATE CAMA
ISOA RATUVA
RESPONDENTS

Mr. Tuiqereqere for Complainant
Mr. Baledrokadroka for 2nd Accused
For 1st Accused Present in prison.

SENTENCE

This is a case which was referred to this Court for sentencing pursuant to Section 222 of the Criminal Procedure Code, Cap. 21, at the end of a full hearing in the Court below wherein the learned trial Magistrate found both Accuseds guilty of Rape; contrary to Sections 149 and 150 of the Penal Code, Cap. 17.

Both Accuseds have previous convictions but none is akin to the offence of rape.

The 1st Accused on his own behalf had pleaded for leniency maintaining his innocence.

Similarly the 2nd Accused by his Counsel pleaded for leniency and asked that his client be given a non-custodial sentence as he is a talented sportsman whose talents could be utilised outside prison.

I have taken both submissions in mitigation by both accuseds into account in considering the appropriate sentence I should impose against them.

While I appreciate that both accuseds are comparatively young and have young families to look after, I cannot ignore the ordeal and embarrassment suffered by the victim of this horrendous offence. She has not only has to carry the stigma of this unfortunate incident but she has to live with it for the rest of her life. Both Accuseds are much older than this 15 year old victim of their lust and insatiable appetite for sexual intercourse.

As I've said time and time again the offence of rape is becoming cancerous within our society and unless there are pressing and persuasive mitigating factors, courts will always impose deterrent sentences which would flicker out as a signal to would be perpetrators of this disgusting offence, to refrain from ever entertaining the thought of committing it. Our womenfolk must be allowed to carry out their legitimate business 24 hours a day without being molested.

In coming to the conclusion as to what would be the appropriate sentence in this case, I'm guided by the learned author of "Principles of Sentencing", Second Edition at page 115 last para.

"Longer sentences, within the bracket of five to eight years imprisonment, will usually be upheld where the offence is accompanied by aggravated factors. The rape of a girl by a group of men will be held to justify a sentence in this range."

Having regard to the facts and circumstances surrounding this case and taking into account the plea in mitigation by both Accuseds; and in view of the prevalence of this type of offence through out the country, I will therefore order that both Accuseds be sentenced to 7 years imprisonment. In imposing this 7 years sentence I've taken into account that both accuseds have been incarcerated for a few months, prior to today.

S W Kepa
JUDGE

5th October, 1994

HAM0009T.94S