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Ranuku v State [2009] FJHC 57; HAA009.2009 (27 February 2009)

IN THE HIGH COURT OF FIJI
AT SUVA
APPELLATE JURISDICTION

CRIMINAL APPEAL CASE NO.: HAA 009 OF 2009

BETWEEN:

AKEAI RANUKU
Appellant

AND:

THE STATE
Respondent

Counsel: Appellant in Person
Mr. L. Fotofili for the State

Date of Hearing & Judgment: Friday 27 February, 2009

JUDGMENT

[1] The appellant was convicted on his plea of guilty to a charge of house breaking, entering and larceny and sentenced to 12 months imprisonment.

[2] He appeals against sentence saying it is harsh and excessive. The State concedes the appeal.

[3] The tariff for breaking and larceny offences is 2 to 3 years imprisonment. Suspended sentence is reserved for first time and young offenders.

[4] In this case, the aggravating factors were that the appellant broke into his sister’s house and stole $1,000.00 cash. Only $27.50 was recovered.

[5] The mitigating factors were that the appellant was 17 years old and a first time offender. He showed remorse by entering an early guilty plea.

[6] It is trite principle of sentencing that every effort should be made to keep young and first time offenders away from prison. In this case, after imposing 12 months imprisonment, the learned Magistrate did not consider whether the sentence should be suspended. The failure to do so, in my view, is an error justifying this Court’s intervention.

[7] Since the Accused has already served 3 months imprisonment, a just result could be achieved by reducing the sentence to 6 months imprisonment and suspending it for 12 months effective from today. Suspended sentence explained.

[8] Appeal allowed.

Daniel Goundar
JUDGE

At Suva
Friday 27 February, 2009

Solicitors:
Appellant in Person
Office of the Director of Public Prosecutions, Suva for the State