IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 33 OF 1995

Between:

SATEN PRASAD
s/o Ram Narayan
Appellant

- and -

STATE
Respondent

Mr A Sen for the Appellant
Ms Laisa Laveti for the Respondent

JUDGMENT

On 20 July 1995 in the Magistrate's Court at Labasa the appellant was on his own plea convicted of the offence of larceny contrary to sections 259 and 262 of the Penal Code and sentenced to imprisonment for 9 months.

The appellant appeals mainly against severity of sentence. At the appeal hearing he was represented by counsel.

Mr. Sen submitted that for a young man of 22 years of age married with two children and three previous convictions a suspended sentence of imprisonment would have met the ends of justice.

The learned State Counsel in opposing the appeal said that in a case of this nature where a farmer was robbed of his farm implements a custodial sentence is warranted. She said that farmers need to be protected from persons like the appellant. The sentence she says is appropriate.

In this case the appellant contrary to what he said in his grounds of appeal has 5 previous convictions of which one of them is for shop breaking entering with intent to commit felony. Because of these convictions he does not qualify for a suspended sentence.

The appellant has robbed the farmer of his tools of trade. The farming community needs to be protected from thefts of this nature.

The appeal is devoid of merits and the appellant does not deserve any sympathy from the Court apart from taking into account what has been said in mitigation. He is himself to blame for his family's sufferings which are entirely due to his own wrongdoing.

I find the sentence neither harsh and manifestly excessive nor wrong in principle. It is not a day too long.

The appeal is dismissed.

D. Pathik
Judge
At Labasa
20 September 1995
HAA0033J.95B