Matanitabua v The State [1989] FJHC 11; Haa0049j.1989s (10 November 1989)

IN THE HIGH COURT OF FIJI
AT SUVA
Appellate Jurisdiction

CRIMINAL APPEAL NO. 49 OF 1989

Between:

ISIMELI MATANITABUA
Appellant

- and -

STATE
Respondent

Appellant in Person
Mr. J. Naigulevu for the State

JUDGMENT

This is an appeal against a sentence of 3 years imprisonment imposed by the learned Chief Magistrate when he convicted the appellant on his guilty plea to an offence of House Breaking, Entering and Larceny.

The facts of the case were that the appellant and another in the daytime entered the complainant's house by removing louvre blades and stole therein various electrical appliances and jewellery. The appliances were subsequently recovered but the far more valuable jewellery was not.

I note that the offence was committed on the 9th of July, 1987 and only finally disposed of on the 25th of October 1988. (15 months later)

The appellant says the sentence is harsh and excessive; that he is now married and his wife has given birth to a son. He says he has returned to his village in Lakeba, Lau and has kept out of trouble since 1982. He asks to be allowed to rejoin society and lead a useful life.

I note that the appellant has several previous convictions for offences similar to the present for which he received custodial sentences however that was in 1981 and I accept that he has tried and succeeded in staying out of trouble for 6 years. That is a strong factor in his favour.

I am willing to give the appellant the chance he seeks in the hope that his added family responsibilities will give him the incentive to lead a useful life caring for them preferably in his home village.

The sentence is accordingly reduced to one of 19 months imprisonment with effect from the 25th of October, 1988.

(D.V. Fatiaki)
Judge

Suva,
10th November, 1989.

HAA0049J.89S