Fox v The State [1998] FJHC 59; Haa0008.98 (27 April 1998)

Fiji Islands - Fox v The State - Pacific Law Materials

IN THE HIGH COURT OF FIJI

AT LABASA

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 8 OF 1998

BETW>BETWEEN:

ALFRED BRUCE FOX
Appellant

AND:

STATE
Respondent

Appellant in Pers> Mbr> Ms. Laisa Laveti for the Respondent

JUDGMENT

This is an appeal against severity of sentence.

appellant was conviconvicted of the offence of office breaking entering and larceny contrary to section 300 (a) of the Penal Code and sentenced to 12 months’ imprisonment at the Magistrate's Court, Labasa by the Resident Magistrate S M Shah Esq., on 7 January 1998.

The appellant told the Court that he is 19 years of age. He says, inter alia, that the sentence is harsh and excessive.

The learned State Counsel opposed the appeal and stated that the stolen items worth $482.00 have not been recovered. This is another one of those cases where houses of school teachers in Dreketi have been broken into and items stolen. She said that the appellant had planned this offence, as admitted by him (p7 and 9 of the Record). He said that his father does not give him money and knowing that the school teacher was away in Suva "it was easy to attack the teacher's house as it was empty". She said that a custodial sentence was warranted.

I find that this is one of a series of break-ins in the Dreketi area in which school teachers have been the victims. In most cases items are not recovered and complainants suffer great loss.

The Courts regard these offences as serious. In this case it was a deliberate and well-planned venture on the part of the appellant oblivious of the consequences. He openly admitted why he committed this offence. I am afraid he has to suffer for his actions. For the manner in which he carried out his scheme the Court has no sympathy for him.

The sentence in this case is not a day too long and the learned Magistrate has erred on the side of leniency.

The appeal is dismissed.

D. Pathik
JUDGE

At Labasa
27 April 1998