Buksh v Reginam [1978] FJSC 50; Criminal Appeal 061 of 1978 (15 September 1978)

IN THE SUPREME COURT OF FIJI
Appellate Jurisdiction

Criminal Appeal No. 61 of 1978

Between:

RAHIM BUKSH
s/o ILAHI BUKSH

and

REGINAM

JUDGMENT

On the 2nd June 1978 at Suva Magistrates Court the appellant pleaded not guilty to one offence of obtaining money by false pretences contrary to section 342(a) of the Penal Code, and to another offence of attempting to obtain money by false pretences contrary to sections 342(a) and 416 of the Penal Code, but on the 4th July 1978, after having heard the prosecution evidence against him, he pleaded guilty to both offences. He was sentenced to consecutive terms of fifteen months' imprisonment in respect of which he has appealed.

On the 1st June 1978 the appellant, an employee of the Posts and Telecommunications Department, used his knowledge of post office procedures to fraudulently obtain the sum of $1,600 from Lami Post Office in respect of a telegraph money order, and on the same day attempted to obtain a similar sum from Samabula Post Office where he was apprehended by the police, and the sum of $1,600 which he had obtained Prom Lami Post Office was recovered.

Both offences were committed on the same day and each formed part of a series of offences of the same character, for which concurrent sentences should have been imposed (R. v. Ram Bhajan Suva Cr.App.No. 57/78).

In the circumstances an overall custodial term of fifteen months' imprisonment is appropriate, and the order of the trial Magistrate that the sentences should be served consecutively is accordingly varied so as to enable the two terms of imprisonment to run concurrently.

Clifford H. Grant
Chief Justice

Suva,
15th September 1978.