IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 15 OF 2001
(Taveuni Mag. Ct. Cr. Case No. 186 of 2001)

Between:

MATURINO RAOGO
Appellant

And

STATE
Respondent

Appellant in Person
Mr. J. Rabuku for the State

JUDGMENT

The appellant was on 25 September 2000 on his own plea convicted and sentenced to imprisonment for 9 months by the Magistrate’s Court, Labasa for the Offence of damaging property contrary to s324 of the Penal Code Cap.17.

The Particulars of Offence reads that on 19 August 2000 at Taveuni he wilfully and unlawfully damaged five louvre blades valued at $13.50 the property of Mika Waqabitu.

The appeal is against severity of sentence.

The appellant submits that although he has numerous convictions, the sentence in this case is harsh and excessive and he prays that it be reduced. He says that he is still serving and will be released from Prison in September. 

The learned State counsel opposes the appeal stating that the sentence is not harsh as he has 29 previous convictions including for similar offences.

Upon a careful consideration of the appeal I find that the sentence is on the high side. It appears that emphasis has been given more on the appellant’s long list of previous convictions while sentencing him. Although there is nothing wrong in taking into account the convictions a person should not be punished heavily because of that fact. 

The sentence is harsh and excessive. It is set aside and is substituted with one of 5 months consecutive to one being served at present.

The appeal is allowed to that extent.

D. Pathik
Judge

At Labasa
21 May 2001