Rapui v The State [1990] FJHC 14; Haa0111j.89s (14 February 1990)

IN THE HIGH COURT OF FIJI
At Suva
Appellate Jurisdiction

CRIMINAL APPEAL NO. 111 OF 1989

Between:

SULIASI RAPUI
Appellant

v.

STATE
Respondent

Appellant in Person
Mr. R. Perera for the Respondent

JUDGMENT

This is an appeal against a sentence of 5 years imprisonment which was imposed on the appellant after he was convicted on his guilty plea to an offence of House Breaking, Entering and Larceny.

The total sum involved is quite substantial being just short of $7,500 of which half was cash and half was jewellery. Nothing has been recovered.

The appellant appeals against the sentence as being harsh and excessive and urges his youth and cooperation with the police in support.

In sentencing the appellant the learned trial magistrate correctly referred to the previous convictions of the appellant as "a very bad record".

However learned State counsel very properly pointed out that since 1986 the appellant's criminal behaviour has progressively declined. Counsel also points out that the only evidence the prosecution had against the appellant was his full and frank admission to them.

The appellant asks to be allowed to return to his home island of Cicia in Lau where his life is more meaningfully devoted to farming.

I am able to give the appellant some allowance for his plea of guilty in the hope that he will return to his village upon his release. The sentence is accordingly reduced to one of 3 years imprisonment with effect from the 1st of September, 1988.

(D.V. Fatiaki)
JUDGE

At Suva,
14th February, 1990.

HAA0111J.89S