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State v Lewai [2013] FJMC 351; Criminal Case 827.2013 (11 September 2013)

IN THE MAGISTRATE'S COURT
AT SUVA
(Under Extended Jurisdiction Pursuant to Section 4 (2) of The Criminal Procedure Decree 2009)

IN THE REPUBLIC OF FIJI ISLANDS
Criminal Case No: 827/13

State

V.

Jiwa Lewai

Prosecution: Mr A Paka – DPP's Office
Accused: Present – in Person

SENTENCE

Jiwa Lewai this is your sentence. The High Court has granted this Court extended Jurisdiction to try this case. You have pleaded guilty, on your own free will to the following charge:

Statement of offence (a)

AGGRAVATED ROBBERY: Contrary to Section 311 (1) (a) of the Crimes Decree Number: 44 of 2009.

Particulars of offence (b)

Jiwa Lewai, with others on the 5th day of May, 2013 at Suva in the Central Division, stole $100.00 [FJD] cash and 1 x Samsung Mobile Phone valued at $200.00 all to the total value of $300.00 from Ramu Suresh.

Jiwa Lewai you have admitted the statement of facts as read out by the prosecutor on your own free will. You have mitigated and this Court has noted your mitigation.

The maximum sentence for this offence is 20 years imprisonment.

The Supreme Court in Guston Kean CAV 0015.2010 set the tariff for this offence at between six and fourteen years imprisonment and recent sentences for domestic robberies have been between ten and sixteen years (Rasaqio HAC 155/07; Rokonabete HAC 118/07; Vasuca HAC 41 of 2009L).

In State v Rokonabete[2008[ FJHC 226: HAC 118.2007(15th September 2008) Justice Goundar itemized elements to be considered when assessing the seriousness for any types of robbery:

"The dominant factor in assessing seriousness for any types of robbery is the degree of force used or threatened. The degree of injury to the victim or the nature of and duration of threats are also relevant in assessing the seriousness of an offence of robbery with violence. If a weapon is involved in the use or treat of force that will always be an important aggravating feature. Group offending will aggregate an offence because the level of intimidation and fear caused to the victim will be greater. It may also indicate planning and gang activity. Being the ringleader in a group is an aggravating factor. If the victims are vulnerable, such as elderly people and person providing public transport, that will be an aggravating factor. Other aggravating factors may include the volume of items taken and the fact that an offence was committed whist the offender was on bail.

The seriousness of an offence of robbery is mitigated by factors such as a timely guilty plea, clear evidence of remorse, ready co-operation with the police, response to previous sentence, personal circumstances of offender, first offence of violence, voluntary of property taken, a minor part, and lack of planning involved."

I adopt the tariff for the offences of Aggravated Robbery as set out here-in.

Having noted the degree of force and the seriousness of the offence this Court takes a starting point of 4 years (48 months). For your early guilty plea this Court gives 18 months discount and further 12 months discount for your mitigation. Your sentence for Aggravated Robbery is 18 months imprisonment.

This Court has noted that the phone was recovered but not the cash.
Jiwa Lewai you are a 1st offender and a young person, being 21 years old. This Court wishes to give you a chance and also wishes to see that the complainant is compensated for his loss. You are to compensate the complainant and pay $200 to him within one month, should you fail to do so you will serve 20 days in prison. This Court will suspend your sentence for a period of 2 years. This means that should you re-offend in the next 2 years. You might be prosecuted and sentenced for the suspended term.
Sentence – 18 months/suspended for 2 years and $200 to be paid with one month as compensation to the complainant (failure to do so 20 days imprisonment).
The review date for the payment of the compensation is 22nd October 2013 until which your bail is extended.
Any party aggrieved with this sentence has 30 days (from today) to appeal this sentence in the Fiji Court of Appeal.

Chaitanya Lakshman
Resident Magistrate

11th September 2013