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State v Rokovaka [2013] FJMC 406; Criminal Case 1628.2008 (19 November 2013)

IN THE MAGISTRATE'S COURT
AT SUVA
IN THE REPUBLIC OF FIJI ISLANDS

Criminal Case No: 1628/08

State

V

Leone Rokovaka

Prosecution: Cpl Vili (Police Prosecution)
Accused: Present with Mr A Rayawa

SENTENCE

Leone Rokovaka this is your sentence. You chose that this Court deal with your case. You have pleaded guilty, on your own free will to the following charge:

Charge

Statement of offence (a)

ROBBERY: Contrary to Section 293 (1)(a) of Penal Code, Act.17.

Particulars of offence (b)

LEONE ROKOVAKA with others on the 11th day of September 2008 at Suva in the Central Division, robbed Avit Singh of $200.00 cash and a wallet valued at $50.00 with two ANZ ATM cards valued at $20.00 to the total value of $270.00.

LEONE ROKOVAKA you have admitted the statement of facts as read out by the prosecutor on your own free will. Your previous convictions were presented and you have accepted those. Your counsel has presented written mitigated and this Court has considered your mitigation.

The maximum sentence for this offence is 15 years imprisonment.

The Superior Courts have set the starting point for street mugging at 6 years imprisonment.

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."

This Court takes a starting point of 6 years (lower end of the scale). For your guilty plea this Court gives 2 years discount and further 1 year discount for your mitigation and time spent in custody. Your sentence for Robbery is 3 years imprisonment.

Leone Rokovaka you are not a 1st offender. You will get no discount for your character. You would surely reflect upon your actions and this Court hopes that you would learn that if you assault others and steal others property you will be given custodial sentence. Having considered your guilty plea, mitigation and your current status this Court will sentence you now to 12 months imprisonment and the balance of the 2 years is suspended for 2 years. Which means that if you re-offend within the next 2 years after serving your 12 months term you might be prosecuted for breach of your suspended sentence and you will then serve a term of 2 years for this case.
Any party aggrieved with this sentence has 30 days (from today) to appeal this sentence in the High Court.

Chaitanya Lakshman
Resident Magistrate

19th November 2013