Kumar v Reginam [1977] FJSC 112; Criminal Appeal 99 of 1977 (15 September 1977)

IN THE SUPREME COURT OF FIJI
APPELLATE JURISDICTION

Criminal Appeal No. 99 of 1977

VINOD KUMAR
s/o Ram Narayan
(Appellant)

v

REGINAM
(Respondent)

JUDGMENT

The appellant was, on his own plea, convicted of Housebreaking Entering and Larceny contrary to section 333(a) of the Penal Code and was sentenced to 3 years' imprisonment.

He appeals against the sentence on the ground that the three persons who were convicted on the alternative count of receiving the property stolen by him were given much lighter sentences and that in the light of those sentences his own sentence ought to be reviewed.

Of those three persons two received a prison sentence of 18 months each suspended for 3 years and the third was placed on probation for 2 years as a result of a social enquiry report by a probation officer.

These sentences are undoubtedly very light by comparison. It is, however, clear from the record that the learned Magistrate treated the appellant as a hardened criminal but for whose instigation the other three youths, each with a clean past, would not have become involved in this criminal activity. About the appellant, he said:

"The Accused 1 has an appalling record of previous convictions for offences similar to the one for which he has been convicted.

After being arraigned from this offence he absconded and then committed a further offence of which he is now serving a 3 years sentence of imprisonment.

He is clearly a menace to the public and no ones property is safe where he is around."

I do not see any reason for reducing the sentence imposed on the appellant.

The appeal is dismissed.

(Sgd.) (G. Mishra)
Acting Chief Justice

Suva,
15th September 1977