IN THE HIGH COURT OF FIJI
AT LABASA
[APPELLATE JURISDICTION]

CRIMINAL APPEAL CASE NO. HAA11 OF 2018
(Magistrates’ Court Case No. 26 of 2018)

BETWEEN:		MARITINO RADITORA
APPELLANT
AND:			THE STATE
RESPONDENT

Counsel:	Appellant in person 
		Ms A Vavadakua for the Respondent

Date of Hearing:	08 June 2018
Date of Judgment:	08 June 2018

JUDGMENT

[1]	The appellant appeared in the Magistrates’ Court and pleaded guilty to theft of yaqona 	plants from two different farmers between December 2017 and January 2018.  On the 	first occasion, he stole 10 yaqona plants valued at $3,000 from his uncle’s farm.  On 	the second occasion, he stole 20 yaqona plants valued at $6,000 from another farmer.  	For the first theft, he was sentenced to 9 months imprisonment and for the second 	theft he was sentenced to 13 months imprisonment. The terms were made 	consecutive.  The total sentence was 1 year and 10 months imprisonment.

[2]	The appeal is against sentence only.  The only complaint is that the learned magistrate 	failed to consider the totality principle when making the sentences 	consecutive.

[3]	The totality principle applies to an offender who has committed more than one 	offence. In sentencing the offender for each offence, the court is required to 	consider whether to make the sentences concurrent or consecutive.  In any case, the 	aggregate sentence should not have a crushing effect on the offender but must be just 	and appropriate (Vulawalu v State [2011] FJSC 6; CAV0006.2010 (8 April 2011).

[4]	In the present case, the learned magistrate made no reference to the totality principle 	in her sentencing remarks. She was required to take a final look at the aggregate 	sentence to see if it was just and appropriate.  In my judgment, if she had done so, she 	would have concluded that the total sentence of 1 year 10 months imprisonment was 	just and appropriate for theft of yaqona plants involving two victims. Yaqona is an 	expensive  commodity.   Many  farmers  in  the  rural  communities  are  depended on
	yaqona farming for  their livelihood. Deterrence is the primary purpose of punishment 	for yaqona thiefs. The total sentence imposed on the appellant reflects the criminality 	involved.

 [5]	The appeal is dismissed.

							…………………………….. …….
							Hon. Mr Justice Daniel Goundar

Solicitors:
Appellant in person
Office of the Director of Public Prosecutions for the Respondent