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Rokoua v The State [1997] FJHC 59; Haa0018j.1997b (21 May 1997)

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Fiji Islands - Rokoua v The State - Pacific Law Materials

IN THE HIGH COURT OF FIJI

AT LABASA

APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 18, 19 & 20 OF 1997

BETWEEN:

JOSEFA ROKOUA
Appellant

AND:

STATE
Respondent

The Appellant in person
Ms. L. L, Counsel for the Respondent

JUDGMENT

On 5 March 1997 the appellant was sentenced as hereunder by Magistrate Moses Fernando Esq. at Labasa Magistrate's Court on three separate offences as follows:-

(a) Criminal Appeal NO. 18/97

Larceny of birds - offence committed on 14 November 1994 - sentenced to imprisonment for one month.

(b) Criminal Appeal No. 19/97

Shop-breaking with intent to commit a felony - offence committed on 26 February 1997 - sentenced to 6 months' imprisonment.

(c) Criminal Appeal No. 20/97

Found in possession of dangerous drugs - offence committed on 15 October 1994 - sentenced to 3 months' imprisonment.

I shall deal with the three appeals together.

The appeals are against the severity of sentence.

The appellant says that the sentences are harsh and excessive for a first offender. He told the Court that he is 20 years old with Form VI education. He admitted that he was not dealt with earlier as he was not arrested on Bench Warrant until recently.

The learned State Counsel submitted that the total of 10 months' imprisonment is justified and is not excessive.

I find that the Appeal is devoid of any merits. The appellant has been evading arrest for the offences he committed in 1994. The record reveals that he is not a first offender.

The consecutive sentences passed on him totalling 10 months are not a day too long. They are neither harsh and excessive nor wrong in principle.

The appeal is therefore dismissed.

D. Pathik
Judge

At Labasa
21 May 1997

Haa0018j.97b


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