Nakome v Reginam [1978] FJSC 29; Criminal Appeal 014 of 1978 (10 February 1978)

IN THE SUPREME COURT OF FIJI
APPELLATE JURISDICTION

Criminal Appeal No. 14 of 1978

Between:

MITIELI NAKOME

and

REGINAM

JUDGMENT

This is on appeal against sentence, the appellant in the 9th January 1978 having been convicted on his own plea by Nausori Magistrates Court of throwing an object contrary to section 97A of the Penal Code and having been sentenced to twelve months' imprisonment and six strokes of corporal punishment, the latter being subject to confirmation by the Supreme Court.

The facts reveal that while travelling on a bus to Nausori the appellant got into an argument with the bus driver over the amount of the fare which was ten cents more than the appellant had anticipated. When the appellant alighted from the bus he picked up a stone and threw it at the bus breaking a window. The appellant is seventeen years of age with no previous convictions.

There are cases of throwing stones or other objects at motor vehicles which warrant heavy sentences, particularly if the vehicle is moving and the throwing of the object could distract the driver or obstruct his vision, the outcome of which could be an accident causing death or injury to the occupants of the motor vehicle and to other road users.

However that is not the case here. This is more in the nature of malicious damage to property.

In the circumstances I substitute a sentence of six months' imprisonment and decline to confirm the corporal punishment.

Clifford H. Grant
Chief Justice

Suva,
10th February 1979.