Nalanilawa v Reginam [1977] FJSC 38; Criminal Appeal 060 of 1977 (30 June 1977)

Fiji Islands - Nalanilawa v Reginam - Pacific Law Materials

IN THE SUPREME COURT OF FIJI

APPELLATE JURISDICTION

CRIMINAL APPEAL No. 60 of 1977

Appellant

v

REGINAM
Respondent

ENT

The appellant was, on his own plea, convictedicted by the Magistrate's Court, Suva, of assault with intent to commit rand was sentenced to 2 years' imprisonment.

He appeals against his sentence on the groe ground that it is excessive, in view of his age, his plea of guilty and the fact that the complainant's family has now forgiven him in accordance with the Fijian custom. He pleads that the sentence be suspended.

In assessing an appropriate sentence, the learned Magistrate took into account everything he should have taken into account. He said,

"This offence carries a maximum sentence of 5 years imprisonment - it was premeditated and planned and had not the Police on patrol heard the complainant's screams accused would have succeeded in raping the complainant. I take into account accused's age, plea of guilty and the fact that he has no previous convictions except one of drunk and disorderly."

In my view the Court was correct in taking a serious view of a sexual assault of this nature.

The appeal is dismissed.

G. Mishra
JUDGE

Suva,
30th June, 1977