Reginam v Ralulu [1977] FJSC 114; Review 8 of 1977 (23 September 1977)

IN THE SUPREME COURT OF FIJI
REVISIONAL JURISDICTION

Review No. 8 of 1977

IN THE MATTER of the Criminal Procedure Code

AND IN THE MATTER of Criminal Case No. 1874 of 1977
before the Magistrates Court at Suva

REGINAM
Complainant

v

JOSUA RALULU

AND

MIKEA TUBUNA
Respondents

ORDER ON REVISION

The respondents were, with two others, charged with burglary and escaping from lawful custody. They pleaded guilty and were sentenced by the Magistrate's Court Suva to 9 months' imprisonment on each count, the two sentences to be served consecutively. They appeal against these sentences on the ground that they are excessive.

The appeal of Manueli Naikurekure, one of the other two, was heard by this Court recently and the conviction on the burglary count was quashed (see Manueli Naikurekure v. Reginam Cr. App. No. 58 of 1977). The appeal by the second accused Josaia Ralulu has also been similarly dealt with (see Josaia Ralulu v. Reginam Cr. App. No. 76 of 1977).

In order to ensure that no injustice occurs to the remaining two accused who have not appealed, the trial Court's record has been perused with a view to exercising the revisional powers of this Court. The conviction of each of the two respondents named herein on the first count charging them with burglary contrary to section 332(a) of the Penal Code is quashed and the sentence set aside.

Their conviction on the charge of escaping from lawful custody contrary to section 130 of the Penal Code and the sentence of 9 months' imprisonment imposed on each of them for that offence will remain undisturbed.

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

Suva,
23rd September 1977