Vero v The State [1994] FJHC 104; Haa0023j.94b (23 August 1994)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 23 OF 1994

Between:

JONE VERO
Appellant

- and -

STATE
Respondent

Appellant in Person
M/s L. Laveti for the State

JUDGMENT

On 4 July 1994 the appellant was convicted and sentenced to a total of 18 months imprisonment by the Labasa Magistrate's Court on 7 counts (after trial on 6 counts and plea of guilty on the 7th count). He was acquitted on the 8th count.

The offences for which he was convicted included larceny, unlawful use of motor vehicle, driving motor vehicle without a driving licence, driving motor vehicle in contravention of third party policy, school breaking entering and larceny, shop breaking entering and larceny and escaping from lawful custody.

The appellant abandoned his appeal against conviction. He is repenting for what he has done and is praying for reduction of sentence of 18 months imprisonment.

The learned State Counsel opposing the petition said that $845 worth of goods have been stolen.

The appellant, a villager, aged 23 years was serving a sentence of 18 months imprisonment for breaking entering and larceny and his appeal from that sentence was dismissed previously.

The appellant went on a crime spree between the period 7 March and 19th May 1990. He has committed some very serious offences. The sentences passed on him are far from excessive, if anything, the learned Magistrate has erred on the side of leniency. For school breaking entering and larceny offenders should be visited with harsh sentence and the sentence of 18 months in this case was most appropriate.

I find that the sentences passed are neither harsh or excessive nor wrong in principle.

The appeal is dismissed.

D. Pathik
Judge

At Labasa
23 August, 1994

HAA0023J.94B