Naketei v The State [1994] FJHC 107; Haa0022j.94b (23 August 1994)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 22 OF 1994

Between:

JOSUA NAKETEI
Appellant

- and -

STATE
Respondent

Accused in Person
M/s L. Laveti for the Respondent

JUDGMENT

On 27 May 1994 the appellant was convicted and sentenced by the Labasa Magistrate's Court on the first Count for the offence of house breaking with intent to commit felony and on the second count with attempted rape. He was sentenced to imprisonment for 6 months on the first Count and on the second count with 18 months imprisonment.

Originally the appellant appealed against both conviction and sentence but on the hearing of the appeal he withdrew his appeal against conviction.

The appellant asks for reduction of sentence. He says that he is 19 years of age and is a first offender. He is repentant of what he has done.

The learned State Counsel opposes the petition stating that bearing in mind the sentences that could be imposed for these offences, the sentences are on the light side.

I see no merit in this appeal; if anything, as stated by the learned State Counsel the learned Magistrate erred on the side of leniency. Both are very serious offences. This is one case where I am minded to enhance the sentence. The appellant although he says he is a first offender, he is not; he has a conviction for shop breaking entering and larceny in 1990 and was sentenced to 6 months imprisonment.

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

The appeal is dismissed.

D. Pathik
Judge

At Labasa
23 August, 1994

HAA0022J.94B