Bulivou v The State [2002] FJHC 114; HAA0010j.2002B (20 May 2002)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. HAA0010 OF 2002
(Taveuni Mag. Ct. Crim. Case No. 321/01)

Between:

ATONIO BULIVOU
Appellant

and

STATE
Respondent

Appellant in Person
Mr. J. Rabuku for the State

JUDGMENT

This appeal is against sentence and is lodged on the grounds, inter alia, that the sentence is harsh and excessive.

On 9 November 2001 the appellant was sentenced to imprisonment for 12 months for the offence of house breaking entering and larceny contrary to section 300 of the Penal Code Cap. 17 and he stole therefrom certain articles; except for a mat the goods were recovered.

The appellant says that he has reconciled with his sister from whose house he stole and seeks leniency.

The learned State Counsel opposes the appeal. He said that the appellant who is 24 years of age has 16 previous convictions since 1998 being mostly property offences. He said that the appellant has the propensity to take things without permission. The appellant is a serving prisoner. He says that the sentence is neither harsh nor excessive.

In this case the appellant had pleaded guilty to the offence. The theft took place at his sister=s house after finding the key to the house while he was there. Bulk of the articles have been recovered. Bearing in mind the circumstances of the offence and the mitigating factors a certain amount of leniency can be shown by reducing the sentence slightly without in any way suggesting that the sentence was in any way harsh or excessive or wrong in principle for this type of offence.

I therefore set aside the sentence and substitute it with one of 9 months= imprisonment to be served consecutive to the sentence which the appellant is serving at present.

The appeal is allowed to that extent.

D. Pathik
Judge

At Labasa
20 May 2002