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Marawa v The State [1990] FJHC 18; Haa0108j.89s (14 February 1990)

IN THE HIGH COURT OF FIJI
At Suva
Appellate Jurisdiction

CRIMINAL APPEAL NO. 108 OF 1989

Between:

VERENIKI MARAWA
Appellant

v.

STATE
Respondent

Appellant in Person
Mr. R. Perera for the Respondent

JUDGMENT

This is another case in which a relatively mature man has been convicted for an offence of Rape and been sentenced to 5 years imprisonment. (See also: Cr. App. No. 109 of 1989 State v. Alipate Kaka).

The victim in this case was a 17 year old girl who was going fishing when she was accosted by the appellant. He pulled her into the bush and raped her in spite of her refusal and resistance.

The matter was reported to the police and when questioned, the appellant denied threatening the complainant with a knife but admitted having intercourse with her without her consent because he was, in his own words, "so randy".

The appellant appeals against the sentence on the ground that it is harsh and excessive. He worries about the hardship that his family is facing in Kadavu and he asks to be allowed to return to them.

He claims to have reconciled with the complainant's mataqali according to Fijian tradition and custom and although I have no reason to doubt that, I cannot ignore the appellant's previous conviction for Rape in 1983 for which he received a sentence of 4 years imprisonment.

I accept that he pleaded guilty and is remorseful for what he has done but as a mature man of 36 years and the father of 2 daughters he clearly should have known better.

The fact that he committed this offence because he was "so randy" makes him a very real danger to women. He clearly lacks self-discipline and more especially the self-control that one should be able to expect from a man of his years.

The appeal is dismissed.

(D.V. Fatiaki)
JUDGE

At Suva,
14th February, 1990.

HAA0108J.89S