| Fiji Islands - Waqa v State - Pacific Law Materials |
IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL APPEAL NOS. 34, 35 & 36 OF 1998
BETW>BETWEEN:
JONACANI WAQA
Appellant
AND:
THE STATE
Respondent
JUDGMENT
The appellant Jonacani Waqa, on 11th February 1998, was convicted by Magistrates' Court, Suva on a number of criminal offencd sentenced
to an effectivective term of six and a half (6 ½) years imprisonment.
In Suva Magistrates' Court Case No. 417/98 he was convicted with three others for the offence of robbery with violence contrary to
section 293(1)(a) of the Penal Code and sentenced to four and a half (4 ½) years imprisonment - Criminal Appeal No. 34/98.
In Suva Magistrates' Court Case No. 419/98 the appellant with three others was convicted on Count 1 for the offence of robbery with
violence contrary to section 293(1)(a) of the Penal Code and sentenced to two and a half (2 ½) years imprisonment. On Count 2 he was convicted of unlawful use of motor vehicle contrary to
section 292 of the Penal Code and sentenced to three months imprisonment-Criminal Appeal No. 35/98.
In Suva Magistrates' Court Case No. 420/98 the appellant with three others on Count 1 was convicted for the offence of robbery with
violence contrary to section 293(1)(a) of the Penal code and sentenced to two and a half (2 ½) years imprisonment. On Count 2 he
was convicted for the offence of unlawful use of motor vehicle contrary to section 292 of the Penal Code and sentenced to three months imprisonment-Criminal Appeal No. 36/98.
In these three cases 417/981, 419/98 and 420/98 the appellant had pleaded guilty. It was ordered that the sentences be served concurrently
making an effective term of four and a half (4 1/2) years imprisonment.
The Petition of Appeal did not include the sentences passed in Suva Magistrates' Court - Case No. 424/98. In this case the appellant
with two others was also convicted for the offence of robbery with violence contrary to section 293 (1) (a) of the Penal Code and sentenced to two years imprisonment. This sentence was consecutive to sentence of four and a half (4 ½) years imprisonment.
The appellant had appealed against this sentence of six and a half (6 ½) imprisonment as being harsh and excessive.
The appellant with others had armed themselves with cane knives and went around in stolen motor vehicle and carried out this daring
robberies. Fortunately, no one was seriously injured, but they had caused considerable amount of damage to the properties. No money
was recovered. The appellant said they used the money to buy drinks.
The learned Magistrate was correct m taking serious view of these offences and imposed a deterrent sentence. Prison was nothing new
to the appellant.
Appeal against sentence is accordingly dismissed.
