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State v Ecawa [2004] FJHC 478; HAC0030.2004L (8 October 2004)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0030 OF 2004L

STATE

V

SEKOVE ECAWA

Mr. M. Korovou for the State
Accused in Person

Hearing: 6 October 2004
Sentence: 8 October 2004

SENTENCE

Sekove Ecawa, you have pleaded guilty to and have been convicted of the offence of robbery with violence contrary to section 293(1)(b) of the Penal Code.

The facts which you have accepted are that on Sunday the 9^th of May 2004 at about 8.00am, you entered the Ba Co-operative Store and threatened Repeka Qoro, aged 15 with a kitchen knife before taking a packet of BH10 valued at $2.50, 6 rolls of BH valued at $1.80 and 2 packets of chocolate valued at $1.30. The total value of the goods stolen being $5.60.

The complainant went to open the store on instruction from her mother, Kinisimere Soqo, the shopkeeper, to take out some frozen foods from the fridge.

The accused, that is you, followed the complainant into the store where you threatened her with a kitchen knife. You told her to keep quite. Then took the items mentioned, from the store and you went away.

The complainant knows you very well as you both live in the same settlement and you are distant relatives. The complainant reported the matter to her mother, who subsequently reported the matter to the police.

You were arrested and interviewed and you admitted the offence to the police when you were interviewed.

You have told the court that you have recently got married and that you are the only young man in the family. Your mother passed last year and your wife is caring for your father and without you, this is very difficult.

These are of course matters that you should have considered before committing this stupid offence. You expressed remorse and you tell the court that you have made a traditional apology to the victim, which has been accepted. You also offer to pay the money for the stolen goods.

The level of violence is very low and the value of the goods is only $5.60.

The tariff for robbery with violence in this country is 4 to 7 years imprisonment.

In Peni Raiwalui v The State – HAA0030 of 2003S, no injuries was inflicted on the victim and accordingly an appropriate starting point is 4 years imprisonment.

You have pleaded guilty at the first opportunity and you are entitled therefore to a one-third discount. Your remorse and the small of the goods entitle you to a further discount.

In the circumstances, I consider a term of imprisonment of 18 months to be appropriate and you are therefore sentenced to 18 months imprisonment to date from the 19^th July 2004, the date you went into custody.

Should that I find myself constrain by the decisions of the court, notwithstanding, the stupidity of the offence you committed and a various small amount of money involved. I hope you learn a very expensive lesson.

JOHN CONNORS
JUDGE

At Lautoka
8 October 2004