Narayan v Reginam [1978] FJSC 33; Criminal Appeal 028 of 1978 (28 April 1978)

IN THE SUPREME COURT OF FIJI
Appellate Jurisdiction

Criminal Appeal No. 28 of 1978

Between:

DEO NARAYAN
s/o LATCHMAN

and

REGINAM

JUDGMENT

This is an appeal against a sentence of six months' imprisonment imposed by Suva Magistrates Court on the 3rd April 1978 upon conviction for larceny from the dock contrary to section 304(6) of the Penal Code.

The trial Magistrate gave no reasons far imposing a custodial sentence of six months' imprisonment, but no doubt he had in mind the seriousness of this type of offence and its prevalence; and in the ordinary way such a sentence would be fully justified.

However this is not the normal case of a dock labourer abusing his position by breaching and/or stealing cargo. The appellant has for the last two years been employed by a firm of Suva traders and on this occasion was sent to the wharf to collect same bags of dhall on behalf of his employers. A broken carton of coca cola was in the shed in which the appellant was waiting while the dhall was being collected and apparently numerous tins of coca cola were lying around. While waiting the appellant picked up two of the tins and drank from one of them.

In the particular circumstances of this case and in view of the previous good record of the appellant I do not consider that a custodial sentence was warranted; and taking into account the period for which the appellant has been in custody I quash the sentence and in substitution therefor impose a fine of twenty dollars.

Clifford H. Grant
Chief Justice

Suva,
28th April 1978.