Bote v State [2008] FJSC 50; CAV0009.2008S (15 October 2008)

IN THE SUPREME COURT OF THE FIJI ISLANDS
AT SUVA

CRIMINAL APPEAL NO. CAV0009 OF 2008S
(Fiji Court of Appeal No AAU0011 of 2005S)

BETWEEN:

PAULIASI BOTE
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: Petitioner in Person
Ms A Prasad for the Respondent

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

JUDGMENT OF THE COURT

[1] The petitioner was convicted on his own guilty plea in the Magistrate’s Court. The principal offences were two counts of robbery with violence. Sentences totalling eight years and eight months were imposed.

[2] An appeal to the High Court in relation to the sentences was dismissed by Shameem J who said:

"Not only are these sentences individually correct in principle, they are also proportionate to the total offending. If the learned Magistrate had not been constrained by her limited jurisdiction, she might have sentenced the appellant to 8 years on each count to be served concurrently. This was a serious case of home invasion, leaving one victim with facial injuries and both victims in a state of psychological trauma and fear."

[3] The Court of Appeal (Ward P, Wood JA, Ford JA) dismissed a further appeal. It was held that no error of law was shown; that it was open to the magistrate to direct that the robbery sentences be served consecutively; that the sentences were within the tariff established by well-known guideline judgments; and that the petitioner’s early guilty plea had been taken into account.

[4] Nothing advanced in the written or oral submissions of the petitioner cause us to disagree with the reasons and conclusions of the Court of Appeal.

[5] The petitioner has not shown that any question of general legal importance is involved, or that a substantial question of principle affecting the administration of criminal justice is involved, or the substantial and grave injustice may otherwise occur.

[6] Special leave is refused and the petition is therefore dismissed.

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