| Fiji Islands - Ralulu v Reginam - Pacific Law Materials |
IN THE SUPREME COURT OF FIJI
APPELLATE JURISDICTION
CRIMINAL APPEAL No. 76 of 1977
JOSAIA RALULU
Appellant
v
REGINAM
Respondent
JUDGMENT
The appellant was, with three others, charged with burglary and escaping from lawful custody. He pleaded guilty and was sentenced
by the Magistrate Court, Suva to 9 months’ imprisonment on each count, the two sentences to be served consecutively. He appeals
against those sentences on the ground that they are excessive.
The appeal of Manueli Naikurekure, one of the other three, was heard by this Court recently and the conviction on the burglary count
was quashed (see Manueli Naikurekure v. Reginam Cr. App. No. 58 of 1977). In view of that decision the learned Director of Public Prosecutions does not, in this appeal, support
the conviction on the first count. Consequently the conviction on that count is quashed and sentence set aside.
The appeal relating to third count which charges the appellant with escaping from lawful custody contrary to section 130 of the Penal
Code is dismissed and the sentence remains undisturbed.
G. Mishra
ACTING CHIEF JUSTICE
Suva,
23rd September, 1977
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