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State v Moce [1994] FJHC 74; HAC0158t.1987s (1 July 1994)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0158 OF 1987

THE STATE

v

SAKEO MOCE

Counsel: Mr. D. Tuiqereqere for State
Accused in person

Trial: 27th June 1994
Sentencing: 1st July 1994

SENTENCING REMARKS OF PAIN J.

Sakeo Moce, you appear for sentence having been convicted on a charge under Section 224 of the Penal Code of doing an act intended to cause grievous harm. The general gravity of the charge is indicated by the maximum sentence provided namely life imprisonment. However the section covers a wide variety of acts of varying degrees of actual or potential harm. Usually a prison sentence is appropriate although the term is likely to vary considerably depending on the particular circumstances.

In this case your actions consisted of an attempt, only, to strike Corporal Waisea with a cane knife. However it was potentially a very dangerous act and it was done with an intent to do some grievous harm to him. The evidence from Corporal Waisea and Mr. Narayan showed that it was only the Corporal's quick reaction in dodging the blow that averted far more serious consequences. This savage attack was completely unexpected and totally inexcusable.

The seriousness of the offence warrants a reasonable term of imprisonment. There are really no mitigating circumstances relating to the commission of the offence. Your personal circumstances do not call for any special consideration save that you are married and have two young children to support.

An unusual feature of this case is that the offence was committed seven years ago on the 26th of June 1987. You were then aged 30 years. At that time you had accumulated a substantial list of criminal convictions. These were mainly for offences of burglary and escaping from custody. However you did have two convictions for robbery with violence in 1976 and convictions for arson and riot in l980. Terms of 3 and 5 years imprisonment had been imposed on those occasions.

Assuming that with remission you were released in l985 you would have been liberty for about 2 years, or perhaps less, before this offence with no further serious offending during that period. If you had been sentenced at the appropriate time in l988 you may have been given some slight concession for keeping out of serious trouble for a reasonable period.

You have further convictions since that time starting from April 1989. However they should not be taken into account except that conviction on two charges of acting with intent to cause grievous harm and one charge of robbery with violence show a continuing propensity for violent offending. Balanced against that however is the fact that you have had no further convictions since 1991, although a considerable portion of that time must have been spent in prison.

The fact that you are being dealt with seven years after the offence was committed ought not to have any great bearing on sentence. This is not a case where you have absconded and led a blameless life. However you should have been dealt with when you appeared on charges in 1989. This offence committed in 1987 would have been considered along with subsequent offences and a sentence imposed upon the basis of the total criminality represented by all offences. I note that in 1989 you were given only a suspended sentence on a charge of acting with intent to cause grievous harm and in 1991 you were given a total of l5 months imprisonment on a similar charge and a charge of robbery with violence. If you had been sentenced on this offence at the same time, a suspended sentence would not have been appropriate and a reasonable term of imprisonment would have been imposed.

This offence warrants a reasonable sentence of imprisonment. However I take into account all the matters I have mentioned and also the fact that you have been in custody for just over 2 months awaiting trial on this charge. The prosecutor has also advised me that you were remanded in custody in 1987 for almost 2 months on this and other charges. All these factors justify some moderation of the sentence.

You are sentenced to 15 months imprisonment.

JUSTICE D.B. PAIN

HAC0158T.87S