Nakidi v The State [1998] FJHC 58; Haa0007j.98b (27 April 1998)

Fiji Islands - Nakidi v The State - Pacific Law Materials

IN THE HIGH COURT OF FIJI

AT LABASA

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 7 OF 1998

BETWEEN:

:

JOSEVATA NAKIDI
Appellant

AND:

STATE
Respondent

Appellant in person
Ms. Laisa Laveti for the Rthe Respondent

JUDGMENT

This is an appeal against sentence.

The appellant was on his own plea sentenced to imprisonment for 12 months for the Offence of house-breaking, entering and larceny contrary to section 300(a) of the Penal Code at the Magistrate's Court, Labasa by the Resident Magistrate S M Shah Esquire.

The appellant has set out a number of grounds of appeal in his Petition of Appeal. He says that the sentence is harsh and excessive ; he committed the offence under the influence of drink. He said that he is 18 years of age and that he will not re-offend.

The learned State Counsel opposing the appeal said that the victim in this case is a school teacher. This kind of offence is on the increase. The sentence of 12 months is a lenient one.

It is a matter of some concern that there has been a spate of offences of this nature and a number of school teachers have been the victims. This kind of activity has to stop. The fact that the appellant is a youth of 18 years of age will not help him when a serious offence of this nature is committed. When an offence is on the increase deterrent sentences are a must and the length of sentence will depend on the mitigating factors if there are any.

I find that the appeal is devoid of any merit. The sentence in this case is neither wrong in principle nor is it harsh and excessive.

The appeal is dismissed.

D. Pathik
JUDGE

At Labasa
27 April 1998

Haa0007j.98b