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Turanamu v State [2001] FJHC 186; Criminal Appeal 11, 12, 13 & 14.2001 (27 April 2001)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION


CRIMINAL APPEAL NOS. 11, 12, 13 & 14 OF 2001
(Labasa Mag. Ct. Crim. Case Nos.705, 706, 707, 708 & 709/2000)


Between:


ETUATE TURANAMU
Appellant


And


STATE
Respondent


Mr. A. Sen for the Appellant
Mr. J. Rabuku for the State


JUDGMENT


The appellant’s appeals are against sentence. He was given a total sentence of 3 years’ imprisonment by the Magistrate’s Court at Labasa as follows:


(a)
Cr. App. 11/2001
for Burglary and larceny from dwelling house, Keeping Arms & Ammunition without licence - 3 years on 1st Count and 12 months on 2nd Count concurrent.
(b)
Cr. App. 12/2001
for Criminal Trespass - 6 months concurrent
(c)
Cr. App. 13/2001
For Resisting arrest – 12 months concurrent
(d)
Cr. App. 14/2001
for Burglary and Keeping arms without licence - sentenced to 3 years and 12 months respectively - concurrent

After considering the plea for reduction of sentence by the learned counsel for the appellant and upon considering the submission of Prosecution opposing the appeals, I find there is no merit in the appeals.


The appellant has committed serious offences. He has a number of previous convictions for similar offence and was previously given 2 ½ years’ imprisonment for burglary.


The sentences are neither harsh nor excessive and are not wrong in principle.


The appeals are dismissed.


D. Pathik
Judge


At Labasa
27 April 2001


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