Qito v Reginam [1978] FJSC 56; Criminal Appeal 037 of 1978 (10 November 1978)

IN THE SUPREME COURT OF FIJI
Appellate Jurisdiction

Criminal Appeal No. 37 of 1978

Between:

SOLOMONI QITO

and

REGINAM

JUDGMENT

This is an appeal against a sentence of five years' imprisonment imposed on the appellant by Levuka Magistrates Court on the 24th April 1978 after he had pleaded guilty to defilement contrary to section 149(1) of the Penal Code.

There is no doubt that over a period of time a close relationship developed between the girl, who was in her eleventh year, and the appellant, aged thirty one, culminating in sexual activity.

In view of the young age of the girl and the mature age of the appellant this is a case for imprisonment, but a clear distinction must be drawn between this type of offence and rape (R. v. Petero Ravuci Review No. 13 of 1977); and five years is too severe.

The sentence is quashed and in substitution therefor the appellant is sentenced to three years' imprisonment with effect from the 24th April 1978.

Chief Justice

Suva,
10th November 1978.