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State v Usa [2016] FJMC 72; Criminal Case 1246.2015 (4 July 2016)

IN THE MAGISTRATES’ COURT OF FIJI

AT SUVA

Criminal Case No: -1246/2015

STATE

V

JEKOPE USA

Counsel: Ms. Tivao for the State
The Accused in Person
Date of Sentence: 04^th of July 2016

SENTENCE

1. JEKOPE USA, you were convicted after a hearing to with one count of Aggravated Robbery contrary to Section 311(1)(a) of the Crimes Decree No. 44 of 2009.
2. During the hearing it was proved that on 05^th July 2015 you with another hired a taxi and went to Raisara Road. There you punched the stomach of the taxi driver (complainant) and took his wallet. You were arrested by the police after the complainant recognized you .Even though during the hearing you informed this Court that you were in some other place at that time, I accepted the version of the complainant which led to your conviction.
3. Maximum penalty for the offence of Aggravated Robbery is 20 years imprisonment.
4. In Wise v State [2015] FJSC 7; CAV0004.2015 (24 April 2015) his Lordship Chief Justice Anthony Gates said:

“We believe that offences of this nature should fall within the range of 8-16 years imprisonment. Each case will depend on its own peculiar facts. But this is not simply a case of robbery, but one of aggravated robbery. The circumstances charged are either that the robbery was committed in company with one or more other persons, sometimes in a gang, or where the robbers carry out their crime when they have a weapon with them.”

5. You committed this offence with another person and punched the complainant in his stomach and stole his wallet. You played a major part in this offence. Therefore considering the gravity of offending and your culpability, I select 09 years as the starting point for your sentence.
6. This was committed against a public service transport provider and this I consider as aggravating factor in this case. For that I add 01 year 06 months to reach 10 years 06 months imprisonment.
7. You were given an opportunity to file written mitigation, but failed to comply with that. Even when given chance this morning, you still maintained innocent and did not explain about your personal background .Therefore I am not in a position to give discounts for your personal mitigation. Further you are not a first offender and not entitle for discount for your past behavior.
8. But you were on remand for this matter for nearly 04 months. For that I deduct 06 months to reach 10 years imprisonment.
9. Taxi drivers are providing a valuable service to the public in this country and they need to be protected. Therefore main purposes of this sentence are to denounce your behavior and to deter future offenders.
10. Accordingly I sentenced you to 10 years imprisonment for the offence of Aggravated Robbery contrary to section 311(1) of the Crimes Decree with a non- parole period of 08 years .
11. Since this court is exercising the extended jurisdiction of the High Court case, the parties may appeal against this sentence within 30 days with leave to the Court of Appeal.
    

Shageeth Somaratne

Resident Magistrate