Appellanterson
Mbr> Ms Anuja Sukhdeo for the State
<JUDGMENT
On 14 May 1998 in the Magistrate's Court at Labasa the appellant pleaded guilty to the offence of affray contrary to section 101 of
the Penal Code. He was sentenced to twelve months' imprisonment.
He now appeals against severity of sentence.
The appellant is pleading for reduction in sentence. He says that some others who were also involved in the affray have not been charged.
He said people got frightened because his brother was murdered and also that his brother was shot at with a gun.
The learned State Counsel while opposing the appeal submits that the sentence is not harsh or excessive. She said that although the
appellant received the maximum
sentence for this offence under the Penal Code, the circumstances in which this happened gave rise to a public outrage. It happened at the Taveuni Police Station; she said that
this was the first incident of such a nature in this country involving a large number of people on the Island of Taveuni. This incident
has created a lot of fear in the people there.
On the facts as presented this was not a bad case of its kind to deserve the maximum sentence for the offence.
The sentence was slightly on the high side. I therefore quash the sentence of twelve months' imprisonment and substitute a sentence
of ten months' imprisonment. To that extent the appeal succeeds.
D. Pathik
JUDGE
At Labasa
21 July 1998
Haa0031j.98b
