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State v Tabaka [2018] FJMC 15; Criminal Case 713.2017 (1 March 2018)

IN THE MAGISTRATES’ COURT OF FIJI

AT NAUSORI

Criminal Case No: - 713/2017

STATE

V

MESAKE TABAKA

For the Prosecution : Sgt.Rao

The Accused : In person

Date of Judgment: 27^th of February 2018

Date of Sentence : 01^st of March 2018

SENTENCE

1. MESAKE TABAKA , you were convicted after a hearing to one count of Robbery contrary to section 310(1) (b) of the Crimes Act No 44 of 2009(“Crimes Act”).
2. During the hearing the following facts were proved. The victim was going with her husband to Wine and Dine Shop in Nausori town on 12/11/2017 around 4pm when you came from behind and tried to grab her gold chain. She managed to hold to that but you managed to take part of that and ran from that place chased by her husband. The force you used to grab her chain caused injuries in her body. Later with the help of some local youths the police arrested you at the taxi stand but you managed to dispose the chain which was in your mouth in to a drain.

3. Under the Crimes Act the maximum penalty for Robbery is 15 years imprisonment.
4. 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.”

5. Considering the minimal violence involved in this offence in my view this falls in to the second category in Rarawa v State [supra) with a tariff of 2-7 years imprisonment.
6. Based on the above judicial precedents and based on an objective seriousness of this offence I select 03 years as the starting point for your sentence.
7. You committed this offence in broad day light in the middle of town where the public were attending to their daily activities. Even though not serious still the victim received some injuries. I consider these as aggravating factors and add 02years to reach 05 years imprisonment.
8. In mitigation today you submitted that you are 22 years old, single. But you again confirmed to this court that you have not committed this offence.
9. After going for a hearing this court has already decided that you have committed this offence. By still pleading not guilty you are showing that you have no remorse. Hence I find there are only limited mitigating factors and deduct 01 year to reach 04 years imprisonment.
10. You are not a first offender and hence not entitle for discounts for your character.
11. You have been in remand from 14/11/2017 and pursuant to section 24 of the Sentencing and Penalties Act I consider this period (4 months) as the one that you have already served. Accordingly your final sentence is 03 years 08 months imprisonment.
12. The public in this country should have freedom to attend to their daily activities without being subject to vicious attacks and robed in broad day light. Hence the people who commit this kind of dastardly attacks need to be deal with harsh sentences to denounce their behavior and to deter others from committing similar offences. Based on these reasons this court sentenced you to 03 years 08 months imprisonment for this charge with a non-parole period of 03 years.

13. 28 days to appeal

Shageeth Somaratne

Resident Magistrate