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Mafi v The State [1996] FJHC 94; Haa0043j.95b (5 February 1996)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 43 OF 1995

Between:

ISIMELI MAFI
Appellant

- and -

STATE
Respondent

The Appellant in Person
Ms Laisa Laveti for the Respondent

JUDGMENT

On 14 August 1995 the Magistrate's Court at Labasa convicted and sentenced the Appellant to a year's imprisonment on his own plea for the offence of house-breaking entering and larceny contrary to section 300(a) of the Penal Code.

This is an appeal against severity of sentence.

The appellant pleads to the Court that the sentence be reduced. When asked he said he is 19 years old, a villager and has a form V education. He lives with his parents.

The learned State counsel in opposing the appeal submitted that the sentence is justified but lenient. She said that $228 worth of items belonging to a farmer has been stolen and nothing has been recovered. She corrected the record by saying that the appellant has one previous conviction (for theft in dwelling house) and not two.

I have considered the appeal. The appellant has committed a serious offence. The farming community has to be protected from thefts of this nature. In this case the articles stolen have not been recovered.

The sentence imposed is not a day too long and in fact the learned Magistrate has erred on the side of leniency.

It is neither harsh or excessive nor wrong in principle.

The Appeal is therefore dismissed.

D. Pathik
Judge

At Labasa
5 February 1996

HAA0043J.95B