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New Sentence For Alleged Robber

A 22-year-old man was sentenced afresh at the High Court in Suva on Friday after his robbery appeal was allowed and his sentence of four years and eight months was
28 Dec 2017 11:21
New Sentence For Alleged Robber

A 22-year-old man was sentenced afresh at the High Court in Suva on Friday after his robbery appeal was allowed and his sentence of four years and eight months was dismissed.

Judge Justice Thushara Rajasinghe said it was a case of opportunistic stealing while sentencing Viliame Savou to six months imprisonment for the alternative offence of theft.

According to the summary of facts Savou had approached and grabbed a mobile phone from the complainant’s hand while she was sitting along the walkway at Suva Point beachfront sometime this year.

The court heard that the accused was married, was not a first-time offender and had pleaded guilty to the offence at the first available opportunity.

He had also been remanded in custody for nearly one month before sentencing.

In her submissions, Savou’s lawyer Namrata Mishra stated that the learned magistrate had erred in law and fact when she convicted Savou for robbery. Ms Mishra claimed there was no evidence to substantiate that immediately before committing the offence Savou had used force on the complainant.

Justice Rajasinghe said the act of grabbing the mobile phone constituted one of the elements of stealing apart from that the summary of facts failed to reveal that Savou had used any form of force on the complainant.

Justice Rajasinghe said the learned magistrate had no jurisdiction to convict Savou in view of the fact that the facts did not disclose the elements of robbery thus he had not admitted the truth of the main elements.

He stated the conviction and sentence imposed by the learned Magistrate was not valid.

Savou’s new sentence was imposed effective from July 31, 2017.

Edited byJonathan Bryce

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