Taqiritawa v Reginam [1978] FJSC 52; Criminal Appeal 060 of 1978 (6 October 1978)

IN THE SUPREME COURT OF FIJI
Appellate Jurisdiction

Criminal Appeal No. 60 of 1978

1. APISAI TAQIRITAWA
2. SIMELI KAKAIVALU
Appellants

v.

REGINAM
Respondent

Mr. H.M. Patel for the Appellants
Mr. T. Fong for the Respondent

JUDGMENT

Appellants were convicted by the Magistrate's Court of larceny of cattle contrary to section 307 of the Penal Code and each sentenced to nine months' imprisonment.

They appeal against their conviction on the sole ground -

"That the learned trial Magistrate erred in convicting your petitioners when there was insufficient evidence."

Other grounds were abandoned at the hearing of the appeal.

The sole issue at the trial was one of identity, the appellants maintaining that the whole of the day in question they were elsewhere working for their employer.

Though the learned Magistrate did not make any specific findings in his judgment, he did say that he accepted the evidence of Arisi Tabuasei as being the truth.

This witness had testified that when he became aware that the animal had been removed from where it had been tethered, he went in search of it following "hoof-marks". Some distance away he saw the two appellants leading the animal. He followed them for about a mile. It was still daylight. As soon as the appellants realised they were being followed they left the animal and hid themselves in the bush. The witness said -

"I know Accused 1 and Accused 2. We stay together. We are related.".

This evidence if accepted; as it was, in its entirety, would be quite sufficient to support a conviction for this offence. The ground, therefore, fails.

Appeal of each appellant is dismissed.

(G. Mishra)
JUDGE

Suva,
6th October 1978