IN THE HIGH COURT OF FIJI
AT SUVA
APPELLATE JURISDICTION

Criminal Appeal No: HAA 104 of 2007

Between:

JOSAIA BUAKULA
Appellant

And:

THE STATE
Respondent

Hearing: 16th November 2007
Judgment: 23rd November 2007

Counsel: Appellant in person
Ms A. Tuiketei for State

JUDGMENT

The Appellant was sentenced to 8 months imprisonment on one count of absconding bail and failing to surrender to custody. On the 30th of July 2007, he was brought to court under bench warrant and remanded in custody. On the 31st of July 2007, the Appellant was told of his right to counsel, and had the charges explained to him. He pleaded guilty. He admitted the facts.

The facts were that two bench warrants were issued against him by the learned Magistrate on the 19th of June 2007 and on the 5th of July 2007. Bail had been granted on the 5th of June but he had failed to appear in court on the 14th of June and on the 19th of June. He was located and charged with the offence.

In mitigation he said he was 28 years old, and single. He was a student at the Fiji Institute of Technology and had failed to appear in court as he was on a "job" in the Yasawas. He returned to Suva on the 27th of June and the police arrested him on the 30th of July. He apologized to the court and said his parents were divorced and he was staying with his grandmother.

The learned Magistrate said that the maximum sentence was 12 months imprisonment and that the tariff was from a non-custodial sentence to 9 months imprisonment. He commenced at 6 months, took all aggravating and mitigating factors into account and arrived at 8 months imprisonment. He pointed out that the Appellant had 4 pending cases, and that he had previously been convicted of absconding.

The Appellant has a number of previous convictions dating from 2000. In 2001 he had his bail bond forfeited and he was fined $30. In November 2001 his bail bond was again forfeited and in 2007 he was again in breach of bail. His other convictions include robbery with violence and criminal trespass.

A shorter term might have been indicated had the Appellant been a first offender with no history of disobedience to bail orders. However his list of previous convictions shows a pattern which must lead to the imposition of a proportionate sentence. The 8 month term was appropriate. The appeal is dismissed.

Nazhat Shameem
JUDGE

At Suva
23rd November 2007