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Vakoro v The State [1996] FJHC 16; Haa0005j.1996b (22 May 1996)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 0005 OF 1996

BETWEEN:

SAKEASI VAKORO
Appellant

AND:

THE STATE
Respondent

Appellant in Person
Ms. L. Laveti for Respondent

JUDGMENT

The appellant was convicted by the Labasa Magistrate Court on two counts of Burglary after he pleaded guilty and admitted the brief facts outlined by the police prosecutor. Upon his conviction the appellant was sentenced to 18 months imprisonment on each count to be served concurrently.

The appellant now appeals against the sentences imposed on various grounds including its effect on his pregnant wife; no consideration being given to his guilty plea or to his co-operation with the police in the recovery of the stolen property.

In this regard the court record of the appellant's mitigation reads inter alia:

"Ask Court to forgive me. This is the first serious case with which I have been charged ... Wife is pregnant. I am the sole bread winner. Age 26 years."

Furthermore in sentencing the appellant the learned trial magistrate states:

"I take into consideration the accused's plea of guilty and the fact that this is the first offence of this nature he has committed. Also a strong mitigating factor is that almost all properties have been recovered. However the offence is very serious and there cannot be anything but a custodial sentence."

In this latter regard it may be noted that there is no suggestion that any violence was used in the commission of the offences. Furthermore the appellant also complained (without dispute) at the hearing of his appeal that his unnamed co-accused was the principal offender who actually entered the houses and was still at large.

I have carefully considered all that has been urged in the appellant's favour and whilst I entirely agree with the learned trial magistrate that a custodial sentence is inevitable nevertheless like learned State counsel I am of the opinion that the sentences are somewhat on the high side for a first-time burglary without aggravating features.

I am also satisfied that insufficient allowance has been given for the appellant's co-operation with the police in the recovery of the stolen items without which, such recovery would have been extremely difficult if not impossible.

The appeal succeeds and the appellant's sentences are reduced to 12 months imprisonment on each count to be served concurrently with effect from the 8th of December 1995.

D.V. Fatiaki
JUDGE

At Labasa,
22nd May, 1996.

Haa0005j.96b