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Domokanica v The State [1990] FJHC 52; Haa0041.90s (19 July 1990)

IN THE HIGH COURT OF FIJI
At Suva
Criminal Jurisdiction

CRIMINAL APPEAL NO. 41 OF 1990

Between:

SUSITINO DOMOKANICA
Appellant

v.

THE STATE
Respondent

Appellant in Person
Mr. J. Prakash for the Respondent

JUDGMENT

This is an appeal against a sentence of 9 months imprisonment imposed on the appellant by the Suva Magistrate Court after he was convicted on his plea of guilty to an offence of Larceny from the Person.

The facts that were admitted by the appellant tells of how he "tore" a gold chain off the neck of a woman shopper and ran away. Unfortunately for the appellant the victim followed him and reported the theft to the police. The appellant was arrested soon after the incident and 2 pieces of the broken chain were recovered from him.

The appellant is only 22 years of age but his record of previous convictions reveals that he has spent almost all of the past 3 years in prison. He now professes to have changed and no longer wishes to remain there. He has already served 5 1/2 months of his sentence and is due to be released soon.

The learned trial magistrate in sentencing the appellant bore in mind his guilty plea and the recovery of the chain albeit in a damaged condition, and imposed a deterrent sentence.

In the circumstances of the case the sentence was entirely proper and if anything erred on the light side for an offence which is becoming all too prevalent and in which the victim is usually a helpless woman.

(D.V. Fatiaki)
JUDGE

At Suva,
19th July, 1990

HAA0041.90S