State v Rokotunidau [2010] FJHC 138; HAC011.2005 (26 April 2010)

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HAC 039/2005
HAC143/2007 (Ltk)
HAC 74/2009
HAC 75/2009
HAC106/2009
HAC108/2009
HAC 57/2010

[1] Saimoni Rokotunidau, you appear for sentence after pleading guilty to charges in eight cases. I am satisfied you have entered your guilty pleas freely and voluntarily. Accordingly, you are convicted as charged.

[2] In Case No: HAC011 of 2005, you pleaded guilty to seven counts of armed robbery. This was an armed robbery of a bank. In the morning of 15 August 2003, you entered the ANZ bank, Samabula branch, with a group of men and threatened the bank tellers with a pistol, an axe, a cane knife and a pinch bar. The robbers wore balaclavas to conceal their identity. On that day, seven bank tellers, four women and three men, were serving at the counters, which were protected by glass shields. Nobody was physically injured in the robbery. However, extensive damages were done to the bank. The entrance door and the glass shields at the counters were smashed. A total sum of $27,330.00 cash was stolen.

[3] Following arrest, you admitted the offence to the police. Only $535.00 was recovered. It is not clear what your actual role was in this robbery. A co-accused, who had a minimal role in the robbery, was sentenced to 6 years imprisonment on 4 November 2005 by Shameem J, following a guilty plea (State v Patrick Fong Criminal Case No.HAC011 of 2005S).

[4] In Case No. HAC039 of 2005, you pleaded guilty to one count of assault with intent to rob, one count of larceny, two counts of unlawful use of motor vehicle and one count of robbery with violence. On 31 May 2003, you and another person threatened the victim, David Rajend Sharma, with a cane knife and demanded money from him while he was on his way to a grocery shop. According to the medical report of the victim, he sustained bruises and lacerations on face and fingers. When the victim retaliated, you fled the scene in his vehicle. The victim was an electrical engineer. He kept mechanical tools in his vehicle. You stole the tools to a total value of $5574.70 and abandoned the vehicle at an isolated location. The tools remain unrecovered.

[5] On 22 July 2003, you took a vehicle belonging to Michael Chandra without his consent from Nasinu. You changed the registration number plate of the vehicle and then used it to commit an armed robbery at the Money Exchange Limited in Suva. The robbery was committed in the early hours of 23 July 2003. You committed this robbery with a group of men. The entrance glass door of the building was smashed and damaged. The employees were threatened with cane knives and pinch bars to handover the money. Nobody was physically injured. A total sum of $2472.00 cash was stolen, which remains unrecovered. You admitted the offences to the police.

[6] In Case No. HAC143 of 2007(Ltk), you pleaded guilty to one count of robbery with violence and three counts of criminal intimidation. This was a planned robbery of a jewellery shop in Ba. The planning was done in Suva a month before the robbery. On 3 September 2007, you robbed the Anita Jewellery Shop in Ba. You committed this robbery with a group of men armed with knives and pinch bars. The security officer guarding the shop was assaulted in the course of the robbery. He was physically injured. The glass shelves were smashed and damaged. Jewelleries valued $123,895.00 were stolen. While fleeing, the robbers were confronted by a police officer at a roadblock. The robbers threatened the police officer with a cane knife and diverted their vehicle to another road. Further in the pursuit, another two police officers tried to stop your vehicle. The police officers were threatened with stones and cane knives. One police officer was injured. He received an open wound on his leg. Eventually, the robbers were apprehended by the assistance of some villagers and brought to a police station. Jewelleries valued $63,423.74 were recovered.

[7] In Case No. HAC74 of 2009, you pleaded guilty to one count each of robbery with violence and unlawful use of motor vehicle. The incident relates to an armed home invasion robbery executed with a group of men. On 28 July 2003 at about 3.25am, you entered the home of the victim, Mohammed Farud, after threatening the security guard with a cane knife. The victim was threatened to handover items valued at $17,330.00. Nobody was injured. The robbers fled the scene in the victim’s vehicle. Electronic items were stolen from the vehicle. The items stolen from the victim’s home and vehicle remain unrecovered. The victim’s vehicle was left extensively damaged. The total value of damage done to the vehicle was $7,000.00. You admitted the offences to the police.

[8] In Case No. HAC75 of 2009, you pleaded guilty to one count each of robbery with violence and unlawful use of motor vehicle. On 30 August 2003, you robbed the Western Union Money Transfer Office at Victoria Parade in the company of others. The robbery was executed in the plain view of the customers. The employees were threatened with pinch bars and cane knives. The security officer was assaulted on the head with an iron rod. F$32,672.84 and A$40.00 were stolen. The entrance glass door of the building was extensively damaged in the course of the robbery. The robbers escaped in a vehicle belonging to another victim, Tupou Wata. $4,000.00 cash was recovered from a co-accused. You admitted the offences to the police.

[9] In Case No. HAC106 of 2009, you pleaded guilty to one count of robbery with violence. On 22 June 2009 at around 10am, a group of men armed with a gun, pinch bar and cane knife entered the home of the victim, Sahid Hassan and threatened his family members and workers before taking off with $7,845.00 cash, cheques, and a shotgun valued $700.00. Nobody was injured.

[10] You were involved in the planning of this robbery. You carried out a surveillance of the victim’s house before the robbery was executed. You committed this offence while serving as a police officer. You were in possession of a police vehicle. You used the police vehicle to escort the getaway vehicle of the robbers. Following arrests of the perpetrators, $4,500.00 in cash and cheques were recovered.

[11] In Case No. HAC108 of 2009, you pleaded guilty to one count each of robbery with violence and unlawful use of motor vehicle. This was an armed home invasion robbery with a group of men. You threatened the victim, Satish Chandra and his family members, after forcefully entering their home while they were asleep. You robbed them of jewelleries and electronic items to a total value of $1,700.00, and then fled in the victim’s vehicle. Nobody was injured in the course of the robbery but the stolen items remain unrecovered. The offences were committed while you were employed as a police officer. Your co-accused, Timoci Delana, was sentenced to 10 years imprisonment on 1 February 2010 following a guilty plea.

[12] In Case No. HAC57 of 2010, you pleaded guilty to an offence of receiving stolen property. On 21 September 2009, the home of the complainant, Jai Ram, was broken into and items were stolen including a stereo. The same stereo was later found in your house. In your caution interview, you admitted receiving the stolen stereo.

[13] You are 31 years old. When you committed the offences in 2003, you were 24 years old. You have attained up to class eight education. You are married and have three children aged between 2 to 6 years. Your spouse and children are depended on you.

[14] You have a total of 31 previous convictions since 1994. You are notorious for offences like housebreaking, robbery and unlawful use of motor vehicle. Your last convictions were in 2001 for wrongful confinement and criminal intimidation. You were sentenced to three years imprisonment. I take that the 2003 offences were committed shortly after you were released from prison. You have continued to commit offences of similar nature that involves use of violence and a total disregard for peoples’ properties. I consider you to be a threat to the community and declare you to be a habitual offender pursuant to section 11 of the Sentencing and Penalties Decree 2009.


Robbery with violence (felony)	-	life imprisonment
Unlawful use of motor vehicle (misdemeanour)	-	six months imprisonment
Assault with intent to rob (felony)	-	ten years imprisonment
Larceny (felony)	-	ten years imprisonment
Criminal intimidation (felony)	-	ten years imprisonment
Receiving stolen property (felony)	-	fourteen years imprisonment

[16] In your case, I consider the offence of robbery with violence to be the dominant offence. The other offences were committed in the course of committing the robberies. I apply the guidelines for the offence of robbery with violence, which have been set out in cases such as State v. Sakiusa Basa Criminal Appeal No: AAU0024 of 2005; Wainiqolo v. The State [2006] FJCA 70; AAU0027.2006 (24 November 2006) and State v. Rokonabete & Ors. [2008] FJHC 226; HAC118.2007 (15 September 2008).

[17] Since I have determined you to be a habitual offender, I bear in mind section 12 of the Sentencing and Penalties Decree 2009, which states:

"Where any court is proposing to impose a sentence of imprisonment on a person who has been determined to be a habitual offender under section 11 for an offence of a nature stated in section 10, the court, in determining the length of the sentence –

(a) shall regard the protection of the community from the offender as the principal purpose for which the sentence is imposed; and

(b) may, in order to achieve that purpose, impose a sentence longer than that which is proportionate to the gravity of the offence."

[18] The offences you committed are serious. I take into account that a high degree of planning was involved before the robberies were executed. You operated in gangs to execute the robberies by using dangerous weapons. On three incidents, a civilian victim, a police officer and a security guard were physically injured. The victims’ properties were damaged and substantial properties were stolen. Significant amount of stolen properties remain unrecovered. The victims have not been repatriated. The offences in 2009 were committed while you were on bail and a warrant of arrest was pending against you. Also, the 2009 offences were committed while you were employed by the Fiji Police Force. You not only breached the trust of the Fiji Police Force but the community as well. These are the aggravating factors.

[19] The mitigating factors are your guilty pleas and particular family circumstances. Your guilty pleas came about only after you exhausted your avenues for securing bail following your arrest and setting of an early trial in March this year. You admitted to most of the offences to the police and when you were employed by the Fiji Police Force you provided information which led to seizure of arms in unrelated investigations. You have offered to testify against your accomplices whose trials are pending but the prosecution has declined the offer.

[20] You have spent 1 year, 2 months and 21 days in custody on remand, which I take into account.

[21] For the record, I proceed to sentence you for these offences on the basis that you are a habitual offender and a threat to the community.

[22] For each offence of robbery with violence, I start with a term of 10 years imprisonment and add 7 years to reflect the aggravating factors. I reduce the sentence by 2½ years for the guilty pleas and 1 year for other mitigating factors. I further reduce the sentence by 1½ years to take into account the time spent in custody pending trial. You are the author of the delay in your case and therefore you are not entitled to benefit from it.

[23] For each offence of robbery with violence, I sentence you to 12 years imprisonment with a non-parole period of 9 years. The non parole-period will expire on 26 April 2019. The balance of the term will expire on 26 April 2022.

[24] For the offence of act with intent to rob, I sentence you to 4 years imprisonment.

[25] For each offence of criminal intimidation, I sentence you to 4 years imprisonment.

[27] For the offence of receiving stolen property, I sentence you to 2 years imprisonment.

[28] For each offence of unlawful use of motor vehicle, I sentence you to 4 months imprisonment.

Count 1 – Armed Robbery – 12 years imprisonment with a non-parole period of 9 years.

Count 2 – Armed Robbery – 12 years imprisonment with a non-parole period of 9 years.

Count 3 – Armed Robbery – 12 years imprisonment with a non-parole period of 9 years.

Count 4 – Armed Robbery – 12 years imprisonment with a non-parole period of 9 years.

Count 5 – Armed Robbery – 12 years imprisonment with a non-parole period of 9 years.

Count 6 – Armed Robbery – 12 years imprisonment with a non-parole period of 9 years.

Count 7 – Armed Robbery – 12 years imprisonment with a non-parole period of 9 years.

Count 5 – Robbery With Violence – 12 years imprisonment with a non-parole period of 9 years.

Count 1 – Robbery With Violence – 12 years imprisonment with a non-parole period of 9 years.

[29] I order all sentences are to be served concurrently. Your total sentence is 12 years imprisonment with a non-parole period of 9 years.

Solicitors
Office of the Director of Public Prosecutions for State
Messrs. A. Vakaloloma & Associates for Accused

High Court of Fiji

State v Rokotunidau [2010] FJHC 138; HAC011.2005 (26 April 2010)