Namua v Reginam [1977] FJSC 67; Criminal Appeal 110 of 1977 (14 October 1977)

IN THE SUPREME COURT OF FIJI
APPELLATE JURISDICTION

Criminal Appeal No. 110 of 1977

SITIVENI NAMUA
Appellant

v.

REGINAM
Respondent

JUDGMENT

The appellant was convicted by the Magistrates Court Suva of Robbery with violence contrary to section 326(1) of the Penal Code and sentenced to 12 months' imprisonment.

He appeals against his conviction and sentence.

The prosecution evidence briefly was that the appellant had hired a taxi and, at the end of the journey, given the driver a $2 note. As the driver was about to give him 70 cents change, the appellant punched him on the face and took back the $2 note from the driver's shirt pocket.

The appellant admitted slapping the driver but said that he had done so in self-defence while protecting himself against an attack by the driver with an iron bar. He denied taking any money from him.

The issue before the Court, therefore, was one solely of credibility and I see no reason for upsetting the learned Magistrate's finding of fact.

The Magistrate was correct in stating that a serious view must be taken by Courts of attacks on taxi drivers at night. In view of that, the sentence imposed by him on the appellant is anything but excessive.

The appeal is dismissed.

(G. Mishra)
JUDGE

Suva,
14th October 1977