Turagalevu v State [2000] FJHC 185; Criminal Appeal 25.2000 (28 August 2000)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 25 OF 2000
(Lab. Mag. Ct. Crim. Case No. 758/99)

Between:

SEMESA TURAGALEVU
Appellant

And

STATE
Respondent

ORDER OF SUMMARY DISMISSAL

This appeal is against conviction and sentence and is lodged on the grounds that the sentence is ‘harsh and unconscionable’ and that on his plea of guilty to the offence of shop breaking entering and larceny the learned magistrate did not consider the mitigating factors before sentencing him for 18 months on 11 November 1999.

I find that there is no material in the circumstances of this case which could raise reasonable doubt about the correctness of the conviction. Nor are there any reasons to lead me to the opinion that the sentence ought to be reduced.

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