King v Reginam [1977] FJSC 134; Criminal Appeal 5 of 1977 (23 June 1977)

IN THE SUPREME COURT OF FIJI
APPELLATE JURISDICTION

Labasa Criminal Appeal No. 5 of 1977

ANDREW KING
Appellant

v

REGINAM
Respondent

JUDGMENT

The appellant with another person was charged before the Magistrate's Court Labasa of assaulting a police officer in the due execution of his duty contrary to section 279(b) of the Penal Code. They pleaded guilty and the appellant was sentenced to 15 months' imprisonment. The other person who was older received 18 months.

The appellant appeals against the sentence on the ground that it is excessive in view of his age and the fact that he had been under the influence of liquor at the time. He admitted to having one recent previous conviction of being drunk and disorderly. According to the facts outlined before the trial Court the policeman in question had approached them to make certain enquiries when instead of answering his questions they set upon him and knocked him to the ground unconscious. They then left him and ran away.

In my view the learned Magistrate acted on correct principles in taking a serious view of the offence and imposing the sentence which he did.

The appeal is dismissed.

(Sgd.) G. Mishra
JUDGE

Suva,
23rd June 1977