| Fiji Islands - Drakula v The State - Pacific Law Materials |
IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 6 OF 1998
BETWEEN:
:
LIVINAI DRAKULA
Appellant
AND:
STATE
Respondent
bsp;
Appellant in Person
Ms. Laisa Laveti for ther the Respondent
JUDGMENT
This is an appeal against severity of sentence imposed on the appellant on 13 January 1998 by the Magistrate's Court, Labasa when
a sentence of 9 months' imprisonment was imposed on him by the Resident Magistrate S.M. Shah Esq., for the offence of house-breaking,
entering and larceny contrary to section 300(a) of the Penal Code.
The appellant had broken into a school teacher's house in the school compound and stole items to the value of $608.00. He told the
Court that he will not re-offend.
The learned State Counsel opposing the appeal said that this was a case which warranted a deterrent sentence. She referred to a similar
case on appeal when the sentence of 18 months on a 19 year old was reduced to 15 months. Here 9 months is appropriate for an offence
of a serious nature such as this.
I find that the appeal is devoid of any merit. In this session of the High Court I see that there are a number of appeals arising
out of conviction for this type of offence. School teachers in all these cases are the victims at the hands mostly of young people.
This kind of activity has to be nipped in the bud. A deterrent sentence is clearly warranted in such cases. It is not that young offenders
cannot be sent to prison. After taking into account whatever mitigating factors that there are in a case, anything between 12 months'
and 18 months' imprisonment will not be out of place.
Despite the appellant's youth the sentence imposed was neither wrong in principle nor harsh and excessive.
The appeal is dismissed.
D. Pathik
JUDGE
At Labasa
27 April 1998
Haa0006j.98b
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