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Qio v The State [1989] FJHC 10; Haa0048j.1989s (10 November 1989)

IN THE HIGH COURT OF FIJI
AT SUVA
Appellate Jurisdiction

CRIMINAL APPEAL NO. 48 OF 1989

Between:

ALIPATE JIMI QIO
Appellant

- and -

STATE
Respondent

Appellant in Person
Mr. S. Senaratne for the State

JUDGMENT

The appellant was sentenced to 2 years imprisonment by the Suva Magistrate Court after he pleaded guilty to an offence of House Breaking, Entering and Larceny.

He now appeals against the sentence as being harsh and excessive.

In this case the appellant was literally 'caught-in-the-act' by police officers who had been called to the scene. All the property that he had were recovered.

He is only 22 years of age but already has 13 previous convictions including Larceny, Burglary and Larceny and Robbery with Violence.

He professes to a realisation that he is wasting his life in prison when he should be helping his parents. It is unfortunate that he did not learn that lesson on the last occasion when he was sentenced to 12 months imprisonment by the Lautoka Magistrate Court for an offence of Robbery with Violence.

The appeal is dismissed.

(D.V. Fatiaki)
JUDGE

Suva,
10th November, 1989.

HAA0048J.89S