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State v Tarau [2015] FJMC 56; Criminal Case 1020.2015 (27 May 2015)

IN THE MAGISTRATE COURT OF FIJI
AT SUVA

Criminal Case No: - 1020/2015

STATE

V

MOSESE TARAU

PC Josuha for the Prosecution
The Accused in person

Date of Sentence : 27th May 2015

SENTENCE

1. MOSESE TARAU , you were charged in this Court for one count of Robbery contrary to section 310(1) (a) of the Crimes Decree No 44 of 2009. You elected this Court and pleaded guilty for this charge. You also informed me that you are pleading on your own free will without any threat or inducement.
   
2. You admitted the summary of facts which states as follows:
   

One the 21st of March 2015 at about 4.00am at Lot 9 Nababa Place, Namadi Heights, one Edward Ward (A-1) 47 years, plumber residing at Lot 9 Nababa Place, Namadi Heights when 2 unknown Fijian youth entered the house and threatened (A-1) with pinch bars.

They entered the room of one Jamie Whitaker (A-2) 33 years, New Zealand citizen, supervisor residint at Lot 9 Nababa Place, Namadi Heights and stole 2 x HP Laptop valued at $1,200.00, 1 x Apple Ipad 4 valued at $800.00, 1 x Apple IPod air 2 valued at $200.00 – Cash, 1 x Tool bag valued at $100.00, all to the total value of $3,020.00, the property of Jamie Whittaker.

Investigation was conducted where Mosese Tarau (Accused) 27 years, unemployed of Nadonumami Village was arrested and interviewed under cautioned whereby he admitted robbing the occupants of the house at Lot 9 Nababa Place in Namadi Heights.

3. The prosecution also tendered your caution statement where you admitted this offence.
   
4. Even though based on the summary of facts as well as the confession you could have been charged for an Aggravated Robbery ( Robbing with another person and using an offensive weapon) the prosecution charged you only for lesser offence of Robbery. They maintained their position even when this was pointed out to them by me on the first day. Therefore I would convict you only for the offence of Robbery.
   
5. Under the old Penal Code the maximum penalty for the Robbery with Violence is life imprisonment.
   
6. In Seseu v State [ 2003, FJHC 224, HAM0043] her Ladyship Justice Shameem held that tariff for Robbery with violence is 4-7 years imprisonment.
   

7. Under the Crimes Decree the maximum penalty for Robbery is 14 years imprisonment. In Rarawa v State [2015] FJHC 324 introducing new tariff for this offence his Lordship Justice Madigan said :

"To facilitate sentencing for robbery simpliciter, it would be appropriate to apply two tariffs one for robberies accompanied by violent force should be in the range of 8 to 14 years (in recognition of the lower maximum penalty applied to robbery by the legislature as opposed to the penalty for ggravated robbery). The general tariff for robbery, not accompanied by violence, can then be visited with sentences in the range of two to seven years."

8. Based on the facts in this case which does not reveal any violence I accept the tariff as 02 to 07 years for this case and select 04 years as my starting point.
9. Aggravating factors are this was committed with others and using a pinch bar for this offence. For these aggravating factors I add 04 years to reach 08 years imprisonment.
10. I take in to consideration your past good behavior, age and cooperation with the police as mitigating factors to deduct 02 years from your sentence. You are in remand for nearly 05 days and this is not significant and therefore I have included that also in this deduction.
11. For pleading guilty at the first available opportunity I also deduct 1/3 to reach 04 years imprisonment.

12. MOSESE TARAU , you are sentenced to 04 years imprisonment for the offence of Robbery with a non- parole period of 02 years.
    
13. 28 days to appeal
    

H. S. P. Somaratne
Resident Magistrate