Ram v The State [1990] FJHC 23; Haa0107j.89s (16 February 1990)

IN THE HIGH COURT OF FIJI
At Suva
Appellate Jurisdiction

CRIMINAL APPEAL NO. 107 OF 1989

Between:

LEKH RAM
s/o Daya Ram
Appellant

v.

STATE
Respondent

Appellant in Person
Mr. R. Perera for the Respondent

JUDGMENT

The appellant was convicted for an offence of Sacrilege and sentenced to 18 months imprisonment.

He had broken into a temple and stolen cash and various valuable religious items with a total value of $370.00.

He appeals against the sentence, of which he only has 2 remaining months to serve, saying it is harsh and excessive. I cannot agree.

The facts that the appellant admitted included the senseless irreverent destruction of a religious statue.

He has many previous convictions for offences of dishonesty and whilst the appellant says he had lost his job at the time, I note that he is a carpenter by trade.

Learned State counsel correctly points out that the offence is one without an immediately identifiable victim and is more in the nature of a crime against a community of persons with a common religious faith. Such a crime strikes at the very root of religious tolerance and the sanctity with which religious objects are regarded.

The appeal is dismissed.

(D.V. Fatiaki)
JUDGE

At Suva,
16th February, 1990.

HAA0107J.89S