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Seru v State [1993] FJCA 32; AAU0001u.1993s (2 November 1993)

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Fiji Islands - Onisimo Seru v The State - Pacific Law Materials

IN THE FIJI COURT OF APPEAL

CRIMINAL JURISDICTION

CRIMINAL APPEAL NO. 1 OF 1993
(High Court Criminal Case No. 10 of 1992)

BETWEEN:

ONISIMO SERU
APPELLANT

AND:

STATE
RESPONDENT

Appellant in Person
Mr. Dane Tuiqereqere for the RespoRespondent

Date of Hearing: 2nd November, 1993
Date of Delivery of Judgment: 2nd November, 1993

JUDGMENT OF THE COURT

This appeal is against a sentence of 6 years' imprisonment on a charge of manslaughter to which the appellant pleaded guilty. He was perhaps fortunate that a charge of murder was not proceeded with.

The main features of the killing were that the appellant used a bayonet as a dagger, and that he did so for the purpose of robbery. In these circumstances, and in view of the appellant's history of violent offending, we are unable to say that the sentence was excessive.

The appeal is accordingly dismissed.

Sir Moti Tikaram
Vice President Fiji Court of Appeal

Sir Peter Quilliam
Justice of Appeal

Mr Justice Gordon Ward
Justice of Appeal

Aau0001u.93s


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