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Somumu v The State [1994] FJHC 185; Haa0030j.94b (13 December 1994)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 30 OF 1994

Between:

EMASI SOMUMU
Appellant

- and -

STATE
Respondent

Appellant in Person
Mr. D. McNaughtan for State

JUDGMENT

On 13 September 1994 appellant was on his own plea convicted and sentenced to imprisonment for a total of two years on three counts, namely, two counts of shop-breaking entering and larceny and third count of larceny of copra by the Savusavu Magistrate's Court.

He has appealed against sentence mainly on the grounds that it is "harsh and excessive" and that his wife who is pregnant will suffer hardship as he was the sole breadwinner in the family.

The learned State Counsel supported the sentences imposed on the appellant as the total amount involved in the three counts is about $1000 and nothing has been recovered.

The first and second counts were for shop-breaking entering and larceny committed on 20 December 1989 and 23 December 1992 (involving $712.22 and $253.90) respectively. The offence in the third count was committed on 24 May 1994 and the value of goods stolen was $13.00.

There is disparity in sentence between counts one and two although the offence in count two is similar to the one in count one. There is no indication why a lesser sentence was given on count two.

The appellant has committed serious offences and two years in my view is most appropriate for the type of offence in count one particularly in rural areas. There is need to give deterrent sentence of this length despite the fact that the appellant is a first offender.

However, to bring it in line with the sentence in the second count for a similar offence, I will reduce the sentence by six months in the first Count, otherwise I find there is no merit in this appeal as the sentence is neither wrong in principle nor harsh and excessive.

Therefore the sentence imposed on the appellant in the first Count is set aside and in lieu thereof a sentence of 18 months' imprisonment is substituted. The appellant will therefore serve a total of 18 months' imprisonment.

The appeal is allowed to the above extent.

D. Pathik
Judge

At Labasa
13 December 1994

HAA0030J.94B