Reginam v Dranilagilagi [1979] FJSC 23; Review 7 of 1979 (26 October 1979)

IN THE SUPREME COURT OF FIJI
REVISIONAL JURISDICTION

Review No. 7 of 1979

IN THE MATTER
OF THE CRIMINAL PROCEDURE CODE

AND IN THE MATTER
OF CRIMINAL CASE NO. 145 OF 1979
BEFORE THE MAGISTRATES COURT AT TAILEVU

REGINAM
(Complainant)

AND

TAWAKE DRANILAGILAGI
(Respondent)

ORDER ON REVISION

On the 6th June 1979 at Tailevu Magistrates Court the respondent, with another who was the appellant in Samuela Nainima v. Reg. Suva Cr. App No. 106 of 1979, was convicted of larceny of cattle contrary to section 307 of the Penal Code and was sentenced to fifteen months’ imprisonment.

For the reasons given in Suva Criminal Appeal No. 106 of 1979 above referred to, the conviction is quashed and in substitution therefore the respondent is convicted of larceny contrary to section 294 of the Penal Code.

The respondent is seventeen years of age, and although he has two previous convictions of a minor nature it would appear from the probation report that he is regarded as a useful citizen in his village, does a great deal of community work, and that he may well benefit from a period on probation.

The sentence is accordingly quashed and in substitution therefore the respondent is placed on probation for a period of two years, the supervising court to be Tailevu Magistrates Court.

Chief Justice

Suva,
26th October 1979.