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Kaka v The State [1990] FJHC 17; Haa0109j.89s (14 February 1990)

IN THE HIGH COURT OF FIJI
At Suva
Appellate Jurisdiction

CRIMINAL APPEAL NO. 109 OF 1989

Between:

ALIPATE KAKA
Appellant

v.

STATE
Respondent

Appellant in Person
Mr. R. Pereta for the Respondent

JUDGMENT

The appellant is aged 42 years and the father of several children.

He was convicted on his guilty plea to an offence of Rape and was sentenced to 5 years imprisonment.

He appeals against the sentence which he describes as being harsh and excessive and he urges in particular the hardship that his continued imprisonment is having on the welfare of his children.

The facts outlined before the learned trial magistrate was that the appellant was walking along a public road then an acquaintance approached him and invited him to have sex with the complainant an 18 year old girl.

The appellant agreed and in spite of the complainant's refusal, the appellant had his way with her and left after handing the complainant over to another man.

The behaviour of the appellant can only be described as extremely callous. He treated the complainant as a mere object to satisfy his lust when he should have known better and resisted the temptation.

Following one's friends can never excuse the commission of an offence nor is it a mitigating factor especially in the case of a man of mature years such as the appellant.

I accept that he pleaded guilty to the offence and that it has been 5 years since the appellant's last conviction. The fact that the appellant's innocent children are likely to experience hardship as a result of their father's incarceration is an unfortunate but inevitable consequence.

The appeal is dismissed.

(D.V. Fatiaki)
JUDGE

At Suva,
14th February, 1990.

HAA0109J.89S