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Naidu v Reginam [1980] FJSC 80; Criminal Appeal 37 of 1980 (20 June 1980)

IN THE SUPREME COURT OF FIJI
Appellate Jurisdiction


Criminal Appeal No. 37 of 1980


BETWEEN:


SEMI NAIDU s/o CHALMAIYA NAIDU
Appellant


AND:


REGINAM
Respondent


Appellant in Person
Mr. M.I. Khan for the Respondent

JUDGMENT

On the 20th March 1980 the appellant was on his own plea convicted in the Suva Magistrate's Court for having taken part in a not at Suva Prisons between 31st December 1979 And 2nd January 1980 contrary to section 81 of the Penal Code and was sentenced to eighteen months' imprisonment.

The appeal is against sentence on the ground that it is harsh and excessive.

The facts of this case were extremely serious in that they showed a course of conduct calculated to undermine the proper administration of the prisons service and the rule of law. The sentence passed on the appellant cannot in these circumstances be regarded as in any way excessive.

The appeal is dismissed.


(T.U. Tuivaga)
Chief Justice
Suva,
20th June 1980.



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