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Sigatabu v State [2001] FJHC 185; Criminal Appeal 3, 4 & 5.2001 (26 April 2001)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 3, 4 AND 5 OF 2001
(Labasa Mag. Ct. Crim. Case Nos. 653, 654 and 655/2000)

Between:

PANAPASA SIGATABU
Appellant

And:

STATE
Respondent

Appellant in person
Mr. J. Rabuku for the State

JUDGMENT

The appellant was sentenced as follows:

1. In Crim. Case No. 653/2000 (Cr. App. 3/2001) on 4.7.2000 for storeroom breaking, entering and larceny and stealing a solo brand Chainsaw valued at $2000 the property of Government of Fiji, he was given a sentence of 2 years imprisonment (concurrent to case No. 654/2000); the property was sold and it was recovered from the purchaser.
   
2. In Crim. Case No. 654/2000 (Cr. App. 4/2001) on 21st and 22nd September 2000 for burglary and stealing articles worth $1649 he was sentenced to imprisonment for 2 years; stero valued at $1000 was recovered from his sister’s house.
   

100. In Crim. Case No. 655/2000 (Cr. App. 5/2001) between 9th and 10th July 2000 for office breaking entering and larceny and stealing goods to the value of $250 the property of Commissioner Northern, he was sentenced to imprisonment for 2 years concurrent to Crim. Case No. 654/2000. All the items were recovered from a Chinese purchaser.
     

I see no merit in the appeals, I agree that in Criminal Appeal No. 5/2001 the appellant was shown undue leniency bearing in mind that as security officer he stole from his employer. In fact he could have been given a consecutive sentence in Crim. App. No. 5/2001. The appellant is very fortunate to have escaped with a lenient sentence totalling just two years’ imprisonment.

The sentences are neither harsh nor excessive or wrong in principle.

The appeals are dismissed.

D. Pathik
Judge

At Labasa
26 April 2001