Rokosau v Reginam [1977] FJSC 34; Criminal Appeal 052 of 1977 (23 June 1977)

Fiji Islands - Rokosau v Reginam - Pacific Law Materials

IN THE SUPREME COURT OF FIJI

APPELLATE JURISDICTION

CRIMINAL APPEAL No. 52 of 1977

ARAMA RAMA ROKOSAU
Appellant

v

REGINAM
Respondent

JUDGMb>

The appellant pleaded guilty in the Suva Magistratstrate's Court to Shop Breaking Entering and Larceny contrary to section 3 of the Penal Code. Goods removed from the shop were valuedalued at $530. Appellant had fifteen previous convictions of similar offences, which the learned Magistrate took into account. He was sentenced to 12 months' imprisonment against which he now appeals on the ground that it is manifestly excessive.

The offence took place in January 1975 and the appellant was not charged with it until April 1977. During the intervening period he had been convicted of several other similar offences and was in prison most of the time. As a general rule, wherever possible, offences that can be included in the same charge should be so included to avoid a multiplicity of proceedings and to enable the Court to assess a proper totality of sentences. It is not clear why this was not done in this case.

Learned Magistrate, however, was informed that the appellant was at the time of his conviction of this offence in prison serving a sentence of six years which he took into account while assessing a proper sentence which, but for that fact, may have been much heavier.

The appeal is dismissed.

G. Mishra
JUDGE

Suva ,
23rd June 1977