Vakaciwa v The State [1991] FJHC 31; Haa0027.91 (11 April 1991)

IN THE HIGH COURT OF FIJI
At Suva
Appellate Jurisdiction

CRIMINAL APPEAL NO. 27 OF 1991

Between:

JOSEFA VAKACIWA
Appellant

v.

THE STATE
Respondent

Appellant in Person
Mr. J. Naigulevu for the Respondent

JUDGMENT

The appellant was convicted in the Magistrate Court at Levuka for an offence of Burglary and sentenced to 12 months imprisonment. He now appeals against his conviction on the ground that he was forced to admit the offence as a result of the ill-treatment he received at the hands of the police.

The prosecution's case was that the appellant removed louvre blades from a window of the house where the complainant was staying at Koro Island and stole a pair of sunglasses and $200 cash.

The appellant admitted these facts and asked for leniency. I note that this is not the appellant's first appearance in court and the charge was read and explained to him (presumably in a language he understood) before he pleaded guilty to it.

Futhermore there is no record of any complaint of ill-treatment being made in the Magistrate Court and one wonders how the ill-treatment alleged against the police in Nadi could have any influence on the appellant or bearing on the Court proceedings in this case which took place in Levuka.

The appellant has not raised sufficient grounds for this court to doubt the unequivocality of his guilty plea and in the circumstances this court is bound to dismiss his appeal against conviction as incompetent.

As for the sentence however learned State Counsel concedes that it is on the "heavy-side" and recognising that the appellant pleaded guilty and also that this is his first experience of prison this court is able to show him some leniency in the hope that when the appellant is released he will return to his village in Koro Island and lead a useful and crime-free life.

The sentence is accordingly reduced to one of 9 months imprisonment with effect from the 16th of November, 1990.

(D.V. Fatiaki)
JUDGE

At Suva,
11th April, 1991.