Home | Databases | WorldLII | Search | Feedback High Court of Fiji

Martin v The State [1990] FJHC 11; Haa0060j.89s (2 February 1990)

IN THE HIGH COURT OF FIJI
At Suva
Appellate Jurisdiction

CRIMINAL APPEAL NO. 60 OF 1989

Between:

HARRY MARTIN
Appellant

v.

STATE
Respondent

Appellant in Person
Mr. S. Seneratne for the Respondent

JUDGMENT

This is an appeal against a sentence of 2 years imprisonment imposed on the appellant by the Suva Magistrate Court after he was convicted on his guilty plea to an offence of House Breaking, Entering and Larceny.

The appellant now appeals against the sentence as being harsh and excessive and urges his youth and previous good character in support of his appeal. He has already served 6 months of his sentence.

The facts outlined by the prosecutor is typical of numerous such offences that come before the Magistrate Courts. Very briefly the complainant's house was broken into whilst he was out attending a church service and several items were stolen. Of these a pair of long trousers, a calculator and an electric iron have been recovered but not the more valuable jewellery items.

In mitigation the appellant is recorded as having said inter alia:

"17 years single I live with parents who are not here in court. Unemployed. I was following the other people. I stood outside while others got in when they came out I was given a long pants which I surrendered to police."

This latter statement was not contradicted or challenged by the prosecution and although the appellant was properly charged with the principal offence nevertheless the sentence ought to reflect his secondary and minor role in the commission of it. Unfortunately the learned magistrate saw otherwise.

He is a first offender (born on the 11th of April 1972) and at the time of committing this offence had just attained the age of 17 years. No welfare report was called for nor does it appear that the learned trial magistrate considered this a proper case to treat the appellant with any degree of individualisation.

I accept that offences of this nature are prevalent in the calendar of offences that come before our Magistrate Courts and that a custodial sentence is called for but in the case of young first offenders what is needed is a "short sharp shock".

The appellant professes to have learnt of the hardship of prison life and promises to return to Levuka upon his release. He also fears that his continued incarceration with hardened criminals in prison may have adverse effects on him and with that I agree.

I shall show him the leniency he asks for by reducing his sentence so as to allow his immediate release but as a reformative measure I order that he enter into a good behaviour bond for 12 months in the sum of $100 with his father as surety and I impose a condition that he return to Levuka within a week of his release and that he obtain the written permission of the Station Officer, Levuka before he leaves Levuka again.

(D.V. Fatiaki)
JUDGE

At Suva,
2nd February, 1990.

HAA0060J.89S