Wainimoce v The State [1991] FJHC 10; Haa0008.91 (30 January 1991)

IN THE HIGH COURT OF FIJI
At Suva
Appellate Jurisdiction

CRIMINAL APPEAL NO. 8 OF 1991

Between:

SAVENACA WAINIMOCE
Appellant

v.

THE STATE
Respondent

Appellant in Person
Mr. J. Prakash for the Respondent

JUDGMENT

The appellant pleaded guilty to an offence of House Breaking, Entering and Larceny and upon his conviction was sentenced to 2 years imprisonment. He now appeals against the sentence on the ground that it is harsh and excessive having regard to his age and the unfortunate circumstances in which he found himself at the time of the commission of the offence.

The appellant had apparently accepted an invitation to come to Suva from his village of Nacamaki in Koro Island. In Suva he stayed with his friend until he was rudely abandoned by his "friend" and left to fend for himself in an unfamiliar hostile environment with no means of support.

In those circumstances the appellant committed the offence in order to get enough money to pay his return passage back to his village. Whilst I can sympathise with the appellant's unfortunate predicament the end does not justify the criminal means he adopted to achieve it.

He is however a first offender who is barely 18 years of age. He has already served almost 11 months of his prison sentence and has hopefully learnt of the harshness and futility of prison life.

Most of the goods have been recovered and the Nasinu Prison Authorities have kindly offered to repatriate him to his village if he is released.

Accordingly the sentence is reduced so as to permit him immediate release from prison.

(D.V. Fatiaki)
JUDGE

At Suva,
30th January, 1991.