Cagilaba v Reginam [1977] FJSC 24; Criminal Appeal 030 of 1977 (13 May 1977)

Fiji Islands - Cagilaba v Reginam - Pacific Law Materials

IN THE SUPREME COURT OF FIJI

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 30 OF 1977

:

ERENALE CAGILABA

AND:

REGINAM

ENT

This is an appeal against a sentence of two ytwo years' imprisonment imposed on the appellant by Suva Magistrates Courthe 22nd February 1977 after conviction on his own plea of robbery with violence contrary tory to section 326(1)(b) of the Penal Code.

The brief facts are that the appellant asked his cousin for some money and upon being refused he took $7 from his cousin's shirt pocket and punched him when he resisted; the appellant asserting that by custom he was entitled to take from his cousin what he wished.

The trial Magistrate has very properly brought to the attention of this court that proceedings against another accused for assaulting the same complainant were terminated under the provisions of section 160 of the Criminal Procedure Code which may have left this appellant with a feeling that he had been dealt with too harshly; and has expressed the view that if there has been a reconciliation between the parties a lesser sentence would be appropriate.

Under the provisions of section 301 of the Criminal Procedure Code this Court has taken additional evidence from the complainant, who has confirmed that he and the appellant are reconciled.

In these circumstances I think it proper to quash the sentence of two years' imprisonment and substitute therefor a sentence of twelve months' imprisonment, with effect from the 22nd February 1977.

Clifford H. Grant
Chief Justice

Suva,
13th May 1977.