Nadali v The State [1998] FJHC 102; Haa0029j.98b (20 July 1998)

Fiji Islands - Nadali v The State - Pacific Law Materials

IN THE HIGH COURT OF FIJI

AT LABASA

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 29 OF 1998

BETWEEN:

:

PAULIASI NADALI
Appellant

AND:

STATE
Respondent

Appellant in Person
Ms. Anuja Sukhdeo for ther the State

JUDGMENT

In this case the appellant was convicted on two counts. In the first count with larceny contrary to s259 and s262 of the Penal Code Cap. 17 and in the second count with escaping from lawful custody contrary to section 138 of the Penal Code. He was sentenced to 9 months' imprisonment on Count one and 3 months on Count two and now appeals on the ground that they are harsh and excessive. He has nine previous convictions and some of these are for similar offences.

In the present case the appellant had stolen a lawn-mower valued at $800 from the house of a senior civil servant. At the time the appellant was an extra-mural prisoner. Now he is asking for the reduction in his sentence. He is married and his wife is due for confinement.

The learned counsel for the State opposes the appeal saying that the sentence is right in principle; on first count after taking into account the appellant's previous convictions and that the property has been recovered, the sentence of 9 months is appropriate; on second Count she said that he was lucky to get just 3 months which is lenient and concurrent on top of that.

Upon considering what the appellant had to say which is not much, and taking into consideration what has been stated by Ms. Sukhdeo, I am satisfied that the sentences passed are neither wrong in principle nor excessive. If anything the learned Magistrate has erred on the side of leniency on the second count.

I therefore find that the appeal has been lodged without sufficient ground of complaint. It is dismissed.

D. Pathik
JUDGE

At Labasa
20 July 1998

Haa0029j.98b