Teangamate v State [2000] FJHC 183; Criminal Appeal 20.2000 (28 August 2000)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 20 OF 2000
(Lab. Mag. Ct. Crim. Case No. 52/2000)

Between:

TOKIA TEANGAMATE
Appellant

And

STATE
Respondent

ORDER OF SUMMARY DISMISSAL

On 4 February 2000 the appellant was sentenced by the Magistrate’s Court at Labasa to three years’ imprisonment for the offence of attempted rape on his own plea of guilty.

Although the Petition of Appeal states that the appeal is against conviction and sentence it is actually an appeal against severity of sentence as per the grounds of appeal filed by the appellant.

He admitted the facts as outlined by the prosecution. The manner in which he went about committing the offence was serious particularly when he had a knife in his hand and threatened to kill the complainant if she did not succumb to his demands for sexual intercourse with him. He even removed her ‘T’ shirt with the knife, sliced it, took it out and cut the ‘bra’ as well.

This was a serious offence. Had she not managed to run away from his clutches it is anybody’s guess as to what would have happened.

The sentence was neither harsh nor excessive. It was not wrong in principle either.

I hereby certify that I have perused the record in this case and am satisfied that this appeal has been lodged without any sufficient ground of complaint. The appeal is therefore summarily dismissed under the provisions of section 313 of the Criminal Procedure Code, Cap.21.

D. Pathik
Judge

At Suva
28 August 2000