Ravato v Reginam [1978] FJSC 5; Criminal Appeal 137 of 1977 (19 January 1978)

IN THE SUPREME COURT OF FIJI
APPELLATE JURISDICTION

Criminal Appeal No. 137 of 1977

ATAMA RAVATO
Appellant

v.

REGINAM
Respondent

JUDGMENT

The appellant was convicted by the Magistrates Court Suva, of larceny from the dock contrary to section 304(b) of the Penal Code and sentenced to 10 months' imprisonment.

He appeals against his conviction.

According to the prosecution evidence, the appellant and another person were found by security men near a customs shed drinking beer from a can. Other empty cans were lying in a garbage bin near them. Inside the shed were torn cartons of beer with some cans missing. The time was 3 a.m. Both of them smelt of beer and appeared drunk.

The appellant denied that he had drunk any beer at all or that any beer can was found in either's hand.

The learned Magistrate accepted the prosecution evidence and found that the accused had been drinking beer and the cans of beer came from the broken cartons inside the shed. There was ample evidence on which he could have come to that finding.

At the hearing of this appeal the appellant merely repeated what he had told the Magistrate which really amounted to an allegation of fabrication against the security guards.

It would be improper for this Court, without good reason, to interfere with the learned Magistrate's finding of fact. I can find no such good reason.

The appeal is dismissed.

G. Mishra
JUDGE

Suva,
19th January 1978