Gativi v State [1999] FijiLawRp 8; [1999] 45 FLR 132 (19 July 1999)

HIGH COURT OF FIJI

AT LABASA

Appellate Jurisdiction

CRIMINAL APPEAL NOS. 0031, 0032 & 0033 OF 1999

BETWEEN:

VILIAME GATIVI

Appellant

AND:

THE STATE

Respondent

Appellant in Person

Ms. A. Driu for the Respondent

JUDGMENT

In this appeal the appellant appeals against what he claims is the injustice of activating in full the suspended sentences of imprisonment imposed in respect of two (2) earlier convictions entered against him in the Labasa Magistrates Court in Criminal Case File Nos: 115 & 116 of 1999.

The relevant chronology is as follows:

(1) On the 16th of February 1999 in Labasa Criminal Case No: 115 of 1999 the appellant was charged and convicted for an offence of House Breaking, Entering and Larceny for which he received a sentence of 6 months imprisonment suspended for 1 year; (Criminal Appeal No: 32 of 1999);

(2) On the same day and before the same magistrate in Labasa Criminal Case No: 116 of 1999 the appellant was charged and convicted for an offence of Larceny From Ship for which he received a sentence of 12 months imprisonment suspended for 2 years to be served concurrently with that imposed in (1) above (Criminal Appeal No: 33 of 1999);

(3) On the 9th of March 1999 the appellant appeared before the Savusavu Magistrate Court in Criminal File No: 96 of 1999 and pleaded guilty to a minor offence of Drunk and Disorderly (Count 1) and to a further offence of Resisting Arrest (Count 2). Upon his conviction the trial magistrate, on noting the above suspended sentences in the appellant's record of previous convictions, remanded the appellant to the Labasa Magistrate Court for sentencing.

On 16th March 1999 at the Labasa Magistrate Court the appellant was sentenced on the Savusavu Criminal File No: 96 of 1999 as follows: on Count 1 to 3 months imprisonment and on Count 2 to 6 months imprisonment both sentences to be served concurrently.

The Court then turned its attention to the appellant's suspended sentences and fully activated both sentences to be served consecutively to each other and to the concurrent sentences imposed in the Savusavu Criminal File making a grand total of (6 + 12 + 6) = 24 months imprisonment.

At the hearing of this appeal the appellant sought to challenge his convictions in Savusavu Criminal File No: 96 of 1999 for Drunk and Disorderly and Resisting Arrest