State v Isoa Waqa HAC087S.08 - Law Fiji

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IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
Criminal Case No: HAC 087 of 2008
STATE
v.
ISOA WAQA
Hearing: 22 nd – 27 th January 2009
Sentence: 27 th January 2009
Counsel:
Ms H. Tabete for State
Accused in person
SENTENCE
[1] Isoa Waqa, you have been found guilty of the offence of robbery with
violence. The evidence at trial was that you were one of a group of men who
broke into the house of Bimla Wati at 11pm on the 29 th of April 2008 and robbed
her of jewellery. In the course of the robbery she was injured and had a
lacerated ear lobe from an earring being pulled off her ear by force. She lived
with a son, who was a patient at St. Giles Psychiatric Hospital, and both she and
her son suffered not only physical harm but psychological trauma.
[2] You have 21 previous convictions of which 4 are for robbery with violence.
The last is dated November 2006 and you were imposed 2 years imprisonment
for that offence. This offence was committed shortly after your release from
prison. In 2008 in January you were convicted of absconding bail and were
sentenced to 6 months imprisonment which you are now serving. You tell me
that you will be due for release on the 11 th of May 2009.

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[3] Clearly you are an incorrigible offender. There are few mitigating
circumstances in this case. You are single (with one child), unemployed and play
rugby and volleyball in your spare time. It seems you have made no attempt to
rehabilitate yourself and in this case took part in the robbery of the house of a
neighbour.
[4] The tariff for home invasion robberies is higher than other types of
robbery because of the fear and insecurity caused to the inhabitants of a home
which is violated by a violent robbery of this type. Such robberies are a menace
to society. Indeed of the cases pending in the High Court, robbery with violence
accounts for the largest number.
[5] I start at 8 years imprisonment. The aggravating factors are the injury
caused, the fact that the victims were vulnerable (one of them was suffering
from mental illness) and the fact that the robbery was committed by a group of
men at night. In mitigation you have told me that you have a 4 year old son and
have tried to change your life. Sadly your list of previous convictions suggest
otherwise.
[6] Adjusting for all these factors I sentence you to 8 years imprisonment, to
be served concurrently with the term you are now serving.
Nazhat Shameem
JUDGE
At Suva
27 th January 2009