Ledua v Reginam [1979] FJSC 8; Criminal Appeal 023 of 1978 (19 May 1979)

IN THE SUPREME COURT OF FIJI
Appellate Jurisdiction

Criminal Appeal No. 23 of 1978

Between:

APISAROMA LEDUA

and

REGINAM

JUDGMENT

This is an appeal against a sentence of fifteen months' imprisonment imposed by Suva Magistrates Court on the 17th February 1978 upon conviction for burglary contrary to section 332(a) and larceny contrary to section 302 of the Penal Code.

On the night of the 29th January 1978 three persons, one of whom was a juvenile co-accused, told the appellant to keep watch by the roadside while they broke into a nearby house. The appellant did so and was later given two pairs of shoes and $2.40 from the proceeds of the burglary.

The appellant was subsequently interviewed by the police whereupon he admitted his participation in the offence and the shoes were recovered.

This Court has had the advantage of a detailed probation report on the appellant and a report from the headmaster of his school. He is seventeen years of age with no previous convictions and with an excellent scholastic record. Prior to the commission of this offence his conduct was exemplary and I am satisfied that, if he is given a chance, he has a bright future ahead of him and should be able to make a useful contribution to society. To this end a number of responsible persons, including his headmaster, are prepared to assist him in every way possible.

In the particular circumstances of this case I think it appropriate to set aside the sentence of imprisonment, and in substitution therefor the appellant is placed on probation for a period of two years with effect from the 17th February 1978, the probation order to provide that the appellant reside where directed by the probation officer.

The supervising court shall be Suva Magistrates Court.

Clifford H. Grant
Chief Justice

Suva,
19th May 1978.