Dileqa v The State [2002] FJHC 113; HAA0011j.2002b (20 May 2002)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. HAA0011 OF 2002
(Labasa Mag. Ct. Crim. Case No. 1 of 2002)

Between:

INOKE DILEQA
Appellant

and

STATE
Respondent

Appellant in Person
Mr. J. Rabuku for the State

JUDGMENT

This is an appeal against sentence and it is lodged on the grounds that it is harsh and excessive.

The appellant was on 7 January 2002 sentenced by the learned Resident Magistrate (Maika Nakora Esq.,) Labasa to nine months= imprisonment for the offence of act with intent to cause grievous bodily harm contrary to section 224(a) of the Penal Code Cap 17.

The appellant had on 31 December 2001 at Labasa unlawfully wounded the complainant Marika Niumataiwalu with a cane knife. The complainant received extensive injuries as shown in the Medical Report on him. The appellant also received some injuries as a result of the scuffle in which the complainant tried to release himself from the appellant.

The learned Counsel for the State opposed the appeal. He said that on the facts and circumstances of this case where a cane knife was used the sentence is neither harsh nor excessive. This incident arose due to overindulgence in alcohol and what actually happened could have resulted in someone=s death.

There is no merit in the appeal. Drink is no excuse for committing an offence and in this case a cane knife was used on the complainant resulting in severe injuries which could have resulted in death. This was a serious offence and the sentence of nine months= imprisonment is not a day too long and if anything, it is on the low side.

The appeal is therefore dismissed.

D. Pathik
Judge

At Labasa
20 May 2002