Lutuvou v State [2001] FJHC 184; Criminal Appeal 1.2001 (26 April 2001)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1 OF 2001
(Savusavu Mag. Ct. Crim. Case No. 317/2000)

Between:

IOSEFO LUTUVOU
Appellant

And:

STATE
Respondent

Appellant in person
Mr. J. Rabuku for the State

JUDGMENT

In the Magistrate’s Court at Labasa the appellant was on his own plea convicted on 30 October 2000 of the Offence of sodomy on a 14 year old student of Buca Bay and sentenced to imprisonment for 3 years.

The appeal is against sentence.

The appellant submitted that the sentence is excessive. He said that he pleaded guilty; he asks to be forgiven and that he would not repeat. He told this Court that he is a 34 year old farmer at Nawi, Buca Bay and is single.

The learned State counsel opposing the appeal said that this was a serious offence committed on a 14 year old student. The appellant has six previous convictions showing that he has a tendency to commit offences. He says that the appeal should be dismissed.

The offence of sodomy is a very serious offence and the punishment for it is 14 years’ imprisonment with or without corporal punishment. This 34 year old farmer had nothing to say in mitigation in the Magistrate’s Court but is now asking this Court for leniency.

The appellant’s sentence is, in my view, on the low side and he does not deserve to be shown any further leniency for such a despicable offence. I was thinking of increasing the sentence but will not do so in the hope that he will not reoffend. Although he has a number of previous convictions but they are not akin to the present offence.

The sentence is neither harsh nor excessive and it is not wrong in principle. The appeal is without any merit.

The appeal is dismissed.

D. Pathik
Judge

At Labasa
26 April 2001