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Buli v State [2011] FJHC 696; HAA025.2011 (3 November 2011)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL APPEAL NO: 025 OF 2011
CRIMINAL CASE NO: 438 OF 2011

BETWEEN:

GABIRIELI BULI
APPELLANT

AND:

STATE
RESPONDENT

Counsel: Appellant in Person
For Respondent - Mr. L Sovau

Date of Hearing: 31 October 2011
Date of Judgment: 3 November 2011

JUDGMENT

The appellant was charged in the Magistrates Court Labasa with 8 counts of Criminal Trespass. He pleaded guilty to all 8 counts and on conviction on his own plea of guilty, the appellant was sentenced to 3 months imprisonment on each count. Out of the 24 months the learned Magistrate ordered the Appellant to serve 12 months in prison for deterrence to prevent from committing similar offences, and for rehabilitation, the remaining period of 12 months was suspended for 24 months.

The appellant appeals against the said sentence on the following grounds.

1. The trial Magistrate erred in law when he failed to consider my mitigation.
   
2. The trial Magistrate to follow sentencing guidelines.
   
3. The Magistrate who preside my case was biased and not fair in the reduction of my sentence for my early guilty plea where one third of my sentence are normally deducted especially where the law is equal for all no matter on what circumstances.
   
4. That the sentence ordered by the Court is too harsh and excessive.
   

The brief facts that the Appellant admitted in the Magistrates Court were, that he entered the properties of the complainants on 8 occasions and demanded money from them.

The learned Magistrate has considered the mitigating factors and has deducted 1 month for each count for same. Therefore ground No. 1 has no merit.

The learned Magistrate has further reduced 1 month on each count for his early guilty plea. There is no hard and fast rule that 1/3 discount be given for the early guilty plea. The tariff for the offence of criminal trespass is 1 – 9 months. (Ravuwai v. State [2007] FJ HC 55; HAA 071-077.2007, State v. Basilio Nukumata [2011] FJHC 109; HAC 184.2010). The learned Magistrate took 4 months as the starting point, added 1 month for aggravating factors, deducted 1 month for the early guilty plea, deducted another 1 month for mitigating factors and finally reached to 3 months imprisonment on each count. Therefore the sentence is well within tariff and neither harsh nor excessive. Hence grounds of Appeal Nos. 2, 3 and 4 should necessarily fail.

I find that the learned Magistrate has considered the relevant factors mentioned in section 4(2) of the Sentencing and Penalties Decree 2009 when sentencing.

Hence I see no reason to interfere with the sentence of the learned Magistrate. The appeal is dismissed.

30 days to appeal.

Priyantha Fernando
Judge

At Labasa
3 November 2011