Maharaj v Reginam [1978] FJSC 4; Criminal Appeal 133 of 1977 (19 January 1978)

IN THE SUPREME COURT OF FIJI
APPELLATE JURISDICTION

Criminal Appeal No. 133 of 1977

BRIJ NAND MAHARAJ
s/o Ram Samujh Maharaj
Appellant

v.

REGINAM
Respondent

JUDGMENT

The appellant was, on his own plea, convicted by the Magistrates Court Suva on one count of Obtaining Money by false pretences and four counts of Fraudulent Conversion. He was sentenced to 18 months' imprisonment on each count, the sentences to be served concurrently.

He appeals against the sentence on the ground that it is excessive in view of the sentence of 4 years' imprisonment imposed on him about the same time by the same Court in another trial wherein he was convicted on three counts of Fraudulent Conversion.

The appeal against sentence in that other case (Criminal Appeal No. 132 of 1977) has been allowed by this Court and the sentence of 4 years' imprisonment has been reduced to one of 3 years so that the totality of sentences to be served by the appellant cannot now be regarded as excessive.

The appeal against sentence in this case is, therefore, dismissed.

(G. Mishra)
JUDGE

Suva,
19th January 1978