IN THE HIGH COURT OF FIJI
At Labasa
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 24 OF 1993

Between:

SELESITINO RAVISAKO
Appellant

- and -

THE STATE
Respondent

Appellant in Person
Mr. Ian Wikramanayake for the State

JUDGMENT

The Appellant has appealed on a number of grounds the main one being that the sentence is harsh and excessive.

The Appellant was sentenced to twelve months' imprisonment on the 12th July, 1993 by the Magistrate's Court at Taveuni for the offence of Guest-house breaking entering and larceny contrary to section 300(a) of the Penal Code.

The Learned Counsel for the State expressed the view that since the Appellant has been out of trouble for six years he could be treated as a first offender and therefore if Court is minded a suspended sentence could be imposed.

The Appellant has a number of previous convictions but they are not akin to the present offence.  The last conviction being on 23.11.87. No doubt he has been out of trouble since 1987 but now he has committed a serious offence. The Learned Magistrate has given his reason for imposing the 12 months imprisonment sentence; he says, inter alia, that people like the accused give "a very bad name and therefore could scare tourist away".

The Appellant has stated to me that he is 27 years of age and is married with a child.

I do not consider this to be a proper case where I should vary the sentence by substituting a suspended sentence.

After taking into account the mitigating factors, I am satisfied that the sentence of 12 months imprisonment for an offence of this nature against which the appellant has appealed is neither harsh and excessive nor wrong in principle. I do not see any reason for reducing the sentence.

This appeal is, therefore, dismissed.

D. Pathik
Acting Puisne Judge

At Labasa
1st October, 1993
HAA0024J.93B