Maiteci v R [1977] FJSC 64; Criminal Appeal 105 of 1977 (14 October 1977)

IN THE SUPREME COURT OF FIJI
Appellate Jurisdiction

Criminal Appeal No. 105 of 1977

AMINIO MAITECI
Appellant

v

REGINAM
Respondent

JUDGMENT

The appellant was, on his own plea, convicted by the Magistrates Court Suva of damaging property contrary to section 360(1) of the Penal Code and sentenced to six months' imprisonment.

He appeals against the sentence on the ground that it is too severe.

He had thrown stones at a moving vehicle which had failed to stop for him hitting it on the side. When the driver of the car returned to remonstrate with him, he kicked the side of the vehicle. The total damage shown in the particulars of the offence was fifty dollars.

In passing the sentence the learned Magistrate said,

"Throwing stones at moving vehicles is exceedingly dangerous and must be deterred by Court."

Courts throughout Fiji Consistently act on this principle and the sentence imposed is anything but unusual for a first offender. Learned Counsel for the appellant gave the details of financial loss and loss of a professional career which the appellant, a student of Nasina Teachers' College, now faces as a result of this conviction and sentence and urged that this Court should set aside the sentence and substitute an order of absolute discharge under section 38 of the Penal Code.

I, however, accept the submission made by learned Counsel for the Respondent that it would be improper for this Court to create the belief in the public mind that students facing criminal charges are, in the eyes of the law, a privileged class.

I do not consider the sentence imposed either wrong in principle or manifestly excessive.

The appeal is dismissed.

(G. Mishra)
JUDGE

Suva,
14^th October 1977