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Koroi v The State [1995] FJHC 105; Haa0015j.95s (9 June 1995)

IN THE HIGH COURT OF FIJI
(SUVA)
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. HAA0015 OF 1995

BETWEEN:

1. NETANI CAMA KOROI
2. PENI BALE
APPELLANTS

AND:

STATE
RESPONDENT

Appellants in Persons
Ms. Rice for Respondent

JUDGMENT

The Appellants Netani Cama Koroi and Peni Bale were convicted after they pleaded guilty to a charge of Robbery with Violence, contrary to Section 293(1) (b) of the Penal Code, Cap. 17 and were sentenced to 2 years 6 months imprisonment.

The particulars of the offence alleged were that about mid-day on 2nd January, 1995 at Lakena, Nausori the appellants robbed one Jitendra Reddy s/o Krishna Reddy of $8.00 cash and immediately before such robbery used personal violence on the said Jitendra Reddy.

The Appellants now appeal against the sentence of 2½ years imposed by the trial Magistrate.

The appellants filed five so called grounds of appeal which were totally irrelevant as they pleaded guilty to the charge and such plea of guilty were unequivocal.

Both appellants have been to prison before on three counts of dishonesty each and they should count themselves fortunate for not being given a more realistic sentence, in my view.

I have no reason to fault the sentence imposed by the court below, although I feel the appellants' sentence ought to have been on a slightly higher scale. Since the Respondent did not counter appeal against sentences I will leave them undisturbed.

I would have summarily dismissed this appeal pursuant to Section 313 of the Criminal Procedure Code, Cap. 21 but since the appellants were not represented I thought it fair to, at least hear them. Unfortunately I find that there is no merit at all in this appeal against sentence by both appellants.

I therefore dismissed the appeal and confirm the sentence of 2½ years imposed on each appellant by the court below.

S W Kepa
JUDGE

9th June, 1995

HAA0015J.95S