Narayan v State [2008] FJSC 22; CAV0015.2008S (15 October 2008)

IN THE SUPREME COURT OF THE FIJI ISLANDS
AT SUVA

CRIMINAL APPEAL NO. CAV0015 OF 2008S
(Fiji Court of Appeal No. AAU0015 of 2007S)

BETWEEN:

RAMAB NARAYAN
Petitioner

AND:

THE STATE
Respondent

Coram: The Hon Justice Keith Mason, Judge of the Supreme Court
The Hon Justice Kenneth Handley, Judge of the Supreme Court
The Hon Justice Mark Weinberg, Judge of the Supreme Court

Hearing: Wednesday, 15th October 2008, Suva

Counsel: The Petitioner in Person
Mr P. Bulabainivalu for the Respondent

Date of Judgment: Wednesday, 15th October 2008, Suva

JUDGMENT OF THE COURT

[1] The petitioner pleaded guilty in the Magistrate's Court to the commission of an unnatural offence. He had inserted his penis into the anus of his six year old daughter.

[2] A sentence of eight years imprisonment was imposed taking into account a range of mitigating and aggravating factors. The early plea of guilty and what it entailed were among the mitigating factors.

[3] An appeal to the High Court was dismissed. Winter J found no error of principle in the sentence.

[4] A further appeal to the Court of Appeal was dismissed on 3 May 2007 by Ward P under s35(2) of the Court of Appeal Act on the ground that there was no right to appeal against the sentence.

[5] The petition to this Court was filed well out of time, on 19 March 2008. The written grounds variously contend that the sentence was excessive, that the magistrate sentenced on a wrong factual basis and even (contrary to the guilty plea) that the charge itself was based on a false allegation by the petitioner's estranged wife.

[6] We see no basis for doubting the correctness of the decision of the Court of Appeal. We refuse leave to extend time and we dismiss the petition.

The Hon Justice Keith Mason

Judge of the Supreme Court

The Hon Justice Kenneth Handley

Judge of the Supreme Court

The Hon Justice Mark Weinberg

Judge of the Supreme Court

Solicitors:

Petitioner in Person
Office of the Director of Public Prosecutions, Suva for the Respondent