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

State v Natakuru [2005] FJHC 480; HAC0004S.2005S (13 October 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Crim. Case No: HAC0004 of 2005S

STATE

v.

JOSUA NATAKURU

Hearing: 4th – 13th October 2005
Sentence: 13th October 2005

Counsel: Mr. D. Prasad & Ms S. Puamau for State
Accused in Person

SENTENCE

Josua Natakuru, you have been found guilty of rape. On the 8^th of February 2001, you enticed a 19 year old to go with you to a vacant house at the USP Complex and there you had sexual intercourse with her without her consent.

The starting point for rape in Fiji is 7 years imprisonment. The mitigating factors are your family circumstances and the length of time spent before this trial. You are not a first offender. You have a number of previous convictions for dishonesty offences and I only consider those up to 2001 for larceny offences. I accept that you have, since you have been released from prison, made earnest attempts to rehabilitate yourself. You have become involved in rehabilitation projects with the Ministry of Women, Culture and Social Welfare. You have ambitions to pursue a University education. These matters do you credit. Indeed you are an intelligent and articulate young man who can without doubt make a positive contribution to society. I scale your sentence down to 4 years imprisonment.

The aggravating factors are that you exploited the trust that the complainant had in you as her brother’s friend, and her innocence to lure her to the vacant house; and the punch and threats you administered to her to secure her submission to sexual intercourse. I scale your sentence up to 5 years imprisonment. This is a retrial. In 2002, you were convicted of this same rape in the Suva Magistrates’ Court and served 2 years of the 5 year sentence imposed. You are entitled to credit for this length of time already served. I further reduce your sentence by 2 years.

You are sentenced to 3 years imprisonment.

Nazhat Shameem
JUDGE

At Suva
13^th October 2005