CRIMINAL APPEAL NO. 25 OF 1998
Appellant in person
Ms. Anuja Sukhdeo for the State
JUER>JUDGMENT
This is an appeal by the appellant against severity of sentence after his conviction on his plea in the Magistrate's Court, Labasa
of the offence of assault occasioning actual bodily harm contrary to section 245 of the Penal Code and sentenced to imprisonment for 12 months.
The accused was charged with the first accused Viliame Rogoyawa who was fined $25.00 in default 25 days.
The learned State Counsel pointed out to Court that there is a glaring disparity in the sentences passed. She concedes that this sentence
of imprisonment should not have been given. It is a harsh sentence.
The offence is a reconcilable offence. Although the appellant did not tell the learned Magistrate, he tells this Court that he has
reconciled with the victim. The appellant is a 28 year old unemployed villager.
In view of the disparity in sentence in this case arising out of the same incident, and the State rightly conceding, I set aside the
sentence of 12 months' imprisonment and in lieu thereof it is ordered that the appellant be bound over in his own recognisance in
the sum of $200 to keep the peace and be of good behaviour for 12 months (bearing in mind that the appellant has already served 4
months in prison) and that he be released forthwith from prison upon the signing of the bond.
D. Pathik
JUDGE
At Labasa
20 July 1998
Haa0025j.98b
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