Director of Public Prosecutions v Chinkeslu [1978] FJSC 95; Criminal Appeal 15 of 1978 (27 July 1978)

IN THE SUPREME COURT OF FIJI
APPELLATE JURISDICTION

Labasa Criminal Appeal No. 15 of 1978

BETWEEN

DIRECTOR OF PUBLIC PROSECUTIONS

AND

CHINKESLU s/o Nagap Reddy

JUDGMENT

The respondent was sentenced to 9 months imprisonment for causing grievous bodily harm with intent contrary to section 255(a) of the Penal Code.

He was bound over under section 35 of the Penal Code and also received 9 months imprisonment suspended for 2 years.

He has been sentenced to prison on 3 occasions namely on:-

25.1.63,	18 months
20.2.63	3 years concurrent to above
20.6.73	3 years

The offences were larceny, robbery and robbery.

The Court of Appeal in England and the Supreme Court in Fiji have repeatedly pointed out that a suspended sentence is not appropriate to a person who has actually served a term or terms of imprisonment. Prison is not new to him therefore the threat of a suspended sentence is not likely to be of any useful deterred effect.

I would say with respect that the Magistrate erred in his approach. He clearly thought that 9 months imprisonment would be appropriate. That is I think a fair term.

His sentence and order are quashed and in its place I impose a term of 9 months imprisonment would be appropriate. That is I think a fair term.

His sentence and order are quashed and in its place I impose a term of 9 months imprisonment from the date hereof.

(Sgd.) J.T. Williams
JUDGE

Suva
27th July, 1978.