Waqa v The State [2004] FJHC 493; HAA0083.2004L (29 October 2004)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. HAA0083 OF 2004L

ASIVELI WAQA
Appellant

v.

THE STATE
Respondent

Mr. H. A. Shah for the appellant.
Mr. S. Qica for the respondent.

Hearing & Judgment: 29 October 2004

EXTEMPORE JUDGMENT

This is an appeal against sentence.

The appellant was on the 5^th April 2004 convicted at the Rakiraki Magistrates Court charged with shop breaking, entering and larceny and was on that day sentenced to 3 years imprisonment. The offence was committed in the company of others and on the facts presented to the Magistrate and acknowledged by the appellant, he in company with others entered the premises via the roof and stole a goods to the total value of $1,652.44.

The appellant pleaded guilty on the first opportunity and was unrepresented. He is 20 years of age and he is single from Nalawa Village, Ra.

It has been submitted on behalf of the appellant, that the sentence imposed by the Learned Magistrate was indeed too harsh and that such a young offender should be given the opportunity to rehabilitate himself.

The State in its submission acknowledges that the penalty imposed was too harsh and that an appropriate penalty by virtue of the authorities I am referred to would be 1 year imprisonment suspended for 18 months.

The State refers the court to Crim. Appeal No. 0021 of 1995 – Apakuki Salabogi v The State where Mr. Justice Fatiaki made the point, that has often been made by him in other judgments, that young offenders should be dealt with by a short sharp shock rather than a lengthy period of imprisonment.

I note in this matter that the appellant has in fact been in prison since the date of his conviction and sentence, that is the 5^th April 2004 and in these circumstances, I think the submission of the State and the submission made on behalf of the appellant is appropriate and accordingly, I quash the sentence of the Learned Magistrate in lieu thereof sentence the appellant to 1 year’s imprisonment from today and I suspend that sentence for a period of 18 months.

JOHN CONNORS
JUDGE

At Lautoka
29 October 2004

Endorsement: In accordance with the provisions of section 29 and 30, I am obliged to advise you should you commit any offence during the next 18 months then you will be brought back before the court and you will be sentenced to imprisonment. If you behave yourself for the next 18 months then you won’t return to prison. It is a matter for you as to what happens to you in the future.