Pina v The State [1991] FJHC 30; Haa0025.1991 (11 April 1991)

IN THE HIGH COURT OF FIJI
At Suva
Appellate Jurisdiction

CRIMINAL APPEAL NO. 25 OF 1991

Between:

FILIPE PINA
Appellant

v.

THE STATE
Respondent

Appellant in Person
Mr. S. Senaratne for the Respondent

JUDGMENT

The appellant was convicted on his plea of guilty to an offence of Burglary and sentenced to imprisonment for 2 1/2 years. He now appeals against the sentence on the ground that it is harsh and excessive.

The brief facts of the case are that the appellant and another had broken and entered a private dwelling at night whilst the occupants were asleep and had stolen various items worth a total of $672. The appellant was later arrested on the strength of a finger-print lifted from the scene. None of the stolen items have been recovered.

If I may say so this was a daring burglary which could have rapidly escalated into something more serious had the occupants awoken in time.

Although the appellant is only 19 years of age his record of previous convictions are many and include several offences of Burglary and Larceny from a Dwelling House for which he received sentences of immediate imprisonment of varying lengths.

His record also reveals that the lower courts have exhausted all non-custodial alternatives before sentences of immediate imprisonment were imposed.

It is noteworthy that this offence was committed 5 days before the appellant was sentenced to 9 months imprisonment for Burglary and within 2 weeks of his release from prison on a sentence of 18 months imprisonment for 3 offences of Burglary.

He has clearly learnt little from being in prison and as long as he is at large innocent people's homes and valuables are at risk.

The appeal against sentence is dismissed.

(D.V. Fatiaki)
JUDGE

At Suva
11th April, 1991.