Chand v Reginam [1977] FJSC 136; Criminal Appeal 9 of 1977 (4 February 1977)

IN THE SUPREME COURT OF FIJI
(WESTERN DIVISION)
AT LAUTOKA
APPELLATE JURISDICTION

Criminal Appeal No. 9 of 1977

BETWEEN

SUNIL CHAND
s/o Bhawani Dayal
Appellant

AND

REGINAM
Respondent

Mr. J. R. Reddy, Counsel for the Appellant.
Mr. K. A. Kumar, Counsel for the Respondent.

COURT:

I think that a prison sentence was quite inappropriate in this case, particularly if the Magistrate who dealt with the case had been told that the father demanded $200 before he would consider a reconciliation. Mr. Reddy tells me that the Senior Magistrate was told this on an earlier appearance and it is something that should have appeared on the record. Mr. Reddy tells me, however, that those are his instructions. It is certainly a most unfilial act for a son to hit his father, but it is also a most unfatherly act for a father to report such a thing to the police and insist on carrying on with it. Mr. Kumar tells me that the appellant was in prison for a week before he was allowed to serve this sentence extramurally. I think I should take into account also the fact, which I accept, that the appellant appears to be breadwinner for his mother and sisters. I think perhaps what has happened will be a lesson to him. I propose to set aside the Magistrate's sentence and substitute for it a sentence of 14 days imprisonment which will mean that the prisoner can be released immediately.

(SGD) K.A. Stuart
JUDGE

LAUTOKA
4th February, 1977.