Nagadru v The State [2005] FJHC 322; HAA0134.2005L (12 October 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. HAA0134 OF 2005L

AMENIO NAGADRU

v.

THE STATE

Appellant in Person
Ms. L. Chandra for the State

Date of Hearing: 12 October 2005
Date of Judgment: 12 October 2005

JUDGMENT ON APPEAL

The appellant and a co-accused were each convicted by the Learned Magistrate at Nadi on the 13^th January 2004 on 9 counts of Larceny of Cattle.

The co-accused, Mohammed Yunus, appealed the sentence imposed on him to this Court and by judgment dated the 4^th April 2005, Mr. Justice Govind reduced the total sentence to 20 months.

The appellant was initially sentenced by the Learned Magistrate to a total of 5 years and 6 months. Whilst I am of the opinion that the appellant for the persistent breaches of the law and the seriousness with which the Courts view larceny of cattle warrants a sentence far greater than 20 months, I am also of the opinion that I am bound to ensure that there is parity of sentence between the two co-accused.

Therefore in the circumstances, the sentences imposed by the Learned Magistrate are confirmed. However the orders are varied to provide that the sentence with respect to Matter Nos. 127, 128 and 129 of 2005 are to be consecutive to each other and are to be concurrent with all other sentences, which are themselves to be concurrent with each other. The result therefore will be a total term of 20 months imprisonment. The imprisonment is to date from the date of sentence by the Learned Magistrate and that is the 13^th January 2004.

The sentence expired on the 12^th September 2005 and accordingly, I order that the appellant be immediately released.

JOHN CONNORS
JUDGE

At Lautoka
12 October 2005