Siriva v The State [1996] FJHC 7; Haa0008d.96s (28 March 1996)

Fiji Islands - Siriva v The State - Pacific Law Materials

IN THE HIGH COURT OF FIJI

AT SUVA

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 0008 OF 1996

BETWEEN:

SAILOSI SIRIVA
Appellant

AND:

STATE
Respondent

Judgment
(Orally)

Court:

Judgment (orally) to be followed by detailed judgment with fuller reasons.

On the first Count for damaging property the appellant should not have been given the maximum sentence on a plea of guilty. I do not disagree with the sentiments expressed by the learned Magistrate when sentencing the Appellant.

The sentence of 2 years is set aside and substituted by one of 18 months.

On the 2nd Count. Looking at the injuries received by the complainant the sentence is on the high side.

The sentence of 2 years is set aside and substituted by one of 9 months which is to be concurrent with the sentence in the first count.

As for third Count: the Offence is serious involving a moving car.

The sentence is neither harsh nor excessive and it is not wrong in principle.

This sentence is therefore not disturbed.

The appellant will therefore serve his sentence as follows:-

1st Count 18 months

2nd Count 9 months concurrent with Count 1

3rd Count 12 months consecutive to Counts 1 & 2

The accused will serve a total of 2 1/2 years.

The appeal is accordingly allowed.

D. Pathik
Judge

28 March, 1996

Haa0008d.96s