Krishna v Reginam [1978] FJSC 34; Criminal Appeal 029 of 1978 (19 May 1978)

IN THE SUPREME COURT OF FIJI
Appellate jurisdiction

Criminal Appeal No. 29 of 1978

Between:

HARI KRISHNA
s/o GUR SAMY

and

REGINAM

JUDGMENT

This is an appeal against a sentence of two years' imprisonment imposed by Suva Magistrates Court on the 6th April 1978 upon conviction for embezzlement contrary to section 306(a)(ii) of the Penal Code.

The appellant systematically defrauded his employer of $7,000 over a period of twenty three months.

It has been submitted on his behalf that, inter alia, restitution having been made a custodial sentence was not warranted; and that being a young first offender a probation report should have been obtained.

As this Court pointed out in R. v. Biswas Chandra (Cr.App. 21/78) restitution is a factor that may be taken into account in mitigation, but it does not entitle an offender to buy his way out of the penalties for crime; and the circumstances of this case were not such as to warrant a probation report.

The sentence was correct in principle and not excessive when measured against the gravity of the offence, and the appeal is accordingly dismissed.

Clifford H. Grant
Chief Justice

Suva,
19th May 1978.