Takatiko v Reginam [1978] FJSC 39; Criminal Appeal 042 of 1998 (28 July 1978)

IN THE SUPREME COURT OF FIJI
Appellate Jurisdiction

Criminal Appeal No. 42 of 1998

Between:

ASEBELA TAKATIKO

and

REGINAM

JUDGMENT

The appellant was convicted of cattle stealing, namely a bull. He was imprisoned for 2 years and appeals against his conviction and sentence.

There was ample evidence to show that the bull was sold by the appellant within hours of its theft. He also put himself forward as the owner according to P.W.2. The latter purchased it unseen but when he saw it next day he saw it was worth more than the $90.00 which he had agreed to pay. He reported the matter.

P.W.2 was obviously honest. The Magistrate believed him. He was entitled to do so.

The appellant did not give evidence. He made an unsworn statement. The Magistrate did not give any weight to that unsworn statement.

There was ample evidence to convict the accused if the Magistrate believed the prosecution witnesses. He clearly believed them.

Appellant says in his appeal that he could have called evidence and did not have a fair trial.

The record shows section 201 of the Criminal Procedure Code was complied with. In fact the courses open to appellant must have been pointed out to him because he made an unsworn statement.

Regarding sentence the term of 2 years is severe, However, the offence is prevalent. It strikes at a farmer's ability to till his land and local people are fully aware of this. I cannot regard the sentence as manifestly excessive.

The appeal against conviction and sentence are discussed.

J.T. Williams
Judge

Suva,
28th July, 1978.