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Ali v The State [1994] FJHC 106; Haa0019j.94b (23 August 1994)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 19 OF 1994

Between:

ROSHAN ALI
s/o Shaukat Ali
Appellant

- and -

STATE
Respondent

Appellant in Person
M/s L. Laveti for the State

JUDGMENT

This is an appeal against the total sentence of 5 years imposed upon the appellant by the Labasa Magistrate's Court on 26 May 1994 on 10 counts including school breaking entering and larceny (4 counts) garage breaking entering and larceny, Office-breaking entering and larceny (4 counts) and club breaking entering and larceny. On the 4th Count he pleaded not guilty and the case is pending against him.

The appeal is against the severity of sentence of imprisonment.

The appellant says that the total sentence is harsh and excessive. He says that he is a first offender.

The learned State Counsel supports the sentence imposed on the appellant. She says that he is not a first offender. The total value of missing articles is $10300 and cash stolen is $1700 which has not been recovered.

The appellant who is 19 years of age went on a wave of crime between the period 21 and 22 January 1994 and 30 March 1994 and 11 May 1994.

Despite the youth of the offender, he has committed a series of serious offences involving theft of large sums of money and property. Some of the stolen property has been recovered but not cash. The appellant is not a first offender; he has a long list of previous convictions for similar offences for which he was convicted on 1 May and 15 May 1991.

In Regina v Richardson, R v Walcott and R v Cesveitte (Court of Appeal The Times 10.2.88) while dealing with appellants - ages 20, 19 and 18 EWBANK J said:

"... it was true that those were long sentences but the time has come to reiterate what Court of Appeal had said on other occasions.

Some crimes were so heinous that a plea of youth, a plea that the crime was a first offence or that the offender had never been to prison before, were of little relevance. These were such crimes."

In this case I express the same sentiments as above bearing in mind the nature of the offences committed particularly school breaking entering and larceny and hold that the sentences were not a day too long. The appellant has been given sufficient credit for the pleas of guilty and which has been received in full measure.

The sentences therefore passed by the learned Magistrate were fit and proper. They were right in principle and were not excessive.

The appeal is dismissed.

D. Pathik
Judge

At Labasa
23 August 1994

HAA0019J.94B