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Josefa v The State [1990] FJHC 33; HAA0002j.1990b (16 March 1990)

IN THE HIGH COURT OF FIJI
At Labasa
Appellate Jurisdiction

CRIMINAL APPEAL NO. 2 OF 1990

Between:

ASAELI JOSEFA
Appellant

v.

STATE
Respondent

Appellant in Person
Mr. R. Perera for the Respondent

JUDGMENT

The appellant appeals against a sentence of 3 years imprisonment imposed by the Savusavu Magistrate Court after he was convicted for an offence of Rape.

He had pleaded guilty to the offence as well as to 10 other offences which he had committed in his village the day before. These included stealing a bottle of methylated spirits, drinking its contents and then committing numerous offences of trespass, damaging property and threatening behaviour towards the property and persons of several named villagers.

The appellant raised several grounds in his petition of appeal including his plea of guilty and a traditional Fijian reconciliation that had taken place between members of his family and the victim.

The appellant is not yet 19 years of age and the offences were committed when he had not turned 18. He does not appear to have any record of previous convictions and claims that this is his first time in prison. As already pointed out he pleaded guilty to the offence and has already served 4 months of his sentence.

There can be little doubt that the offences were committed whilst the appellant was suffering from the ill-effects of the methylated spirits he had consumed and concerned fellow-villagers towards whom the appellant had harboured some grudge.

The learned trial magistrate in sentencing the appellant said:

"The crimes are serious and call for deterrent punishment as the tranquillity and peace in the villages has to be maintained. People cannot be allowed to get drunk and play havoc in remote villages."

I agree entirely with those sentiments and endorse State Counsel's description of the appellant's behaviour on that night as a "spree of terrorising the village".

In regard to the offence of Rape State Counsel states that the appellant forced his way into the victim's house and raped her. The victim whom the appellant claims to have been a "long time lover" of his turned out to be a 50 year old mother of 4 children.

The rape of such a woman in the confines of her own home is an offence that must attract an immediate custodial sentence.

There is no merit in the appellant's appeal against the sentence which is accordingly dismissed.

(D.V. Fatiaki)
JUDGE

At Labasa,
16th March, 1990.

HAA0002J.90B