Sami v Reginam [1978] FJSC 38; Criminal Appeal 051 of 1978 (27 July 1978)

IN THE SUPREME COURT OF FIJI
Appellate Jurisdiction

Criminal Appeal No. 51 of 1978

Between:

VENKAT SAMI
s/o Krishna

-and-

REGINAM

JUDGMENT

The Appellant was convicted for obtaining goods by false pretences and was sentenced to 18 months.

The complainant's evidence was clear and emphatic and he repeatedly set out in evidence the ingredients of the false pretence charged in the count. His evidence was accepted by the Magistrate who stated unhesitatingly that he believed P.W.1.

The respondent did not deny obtaining the goods but stated that this was an ordinary credit transaction. His explanation was not believed by the Magistrate.

There are three grounds of appeal, but they all refer to the evidence and the Magistrate's assessment of it. They amount to nothing more than a complaint that the decision is unreasonable and cannot be supported having regard to the evidence.

In my view it would have been in order to dismiss this appeal summarily under section 294(2) of the Criminal Procedure Code.

I did not find it necessary to call upon the Crown to answer the submission of the appellant's counsel.

J.T. Williams
(Judge)

Suva,
27th July, 1978.