Raiwalui v Reginam [1977] FJSC 35; Criminal Appeal 056 of 1977 (23 June 1977)

Fiji Islands - Raiwalui v Reginam - Pacific Law Materials

IN THE SUPREME COURT OF FIJI

APPELLATE JURISDICTION

CRIMINAL APPEAL No. 56 of 1977

Appellant

v

REGINAM
Respondent

JUDGMENT

Tpellant was charged with larceny of potatoes from two stallstalls in the Suva Market while the stall holders there were temporarily a. He was seen doing this by another stall holder who blew alew a whistle whereupon the appellant moved away. She informed a policeman who arrested the appellant. The market vendor Ulfat did not at any time lose sight of the appellant until he was arrested.

The appellant denied that he was at any time near either of those two stalls.

The question, therefore, was one of identity and the learned Magistrate had no hesitation in accepting Ulfat's evidence and finding the appellant guilty. The appellant repeated before this Court what he had said to the Magistrate and maintained that the witness Ulfat must have been mistaken as to the identity of the person who stole the potatoes. There is nothing in the record from which I can infer that the learned Magistrate erred in any way in accepting Ulfat's evidence.

The appeal against conviction is, therefore, dismissed. As to the sentence of $10 fine it is, if anything, on the lenient side. The appeal against sentence is, therefore, also dismissed.

G. Mishra
JUDGE

Suva,
23rd June, 1977