| Fiji Islands - Bale v State - Pacific Law Materials |
IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 27 1998
:
PAULA BALE
Appellant
AND:
STATE
Respondent
Appelin pebr> Ms. Ans. Anuja Sukhdeo for the State
JUDGMENT
On 27 February 1998 in the Magistrate's at Labasa the appellant pleaded guilty on the first Count for the offence of larceny contrcontrary
to sections 259(1) and 262 of the Penal Code and on the second count to offence of damaging property contrary to section 324(1) of the Penal Code Cap. 17. He was sentenced to a total of 4 months' imprisonment (being 2 months on each count) to be served consecutive to the sentence
of four years which he is at present serving.
The appellant's appeal is that the sentence should be concurrent to the sentence he is at present serving.
The learned State Counsel concedes the appeal to that extent since the counts arose out of one single incident hence in the circumstances
it was not correct to make the sentences on the two counts consecutive one to the other but that the sentence of 2 months was a lenient
sentence on each count.
This I find to be a proper case where the sentences on the two counts should have been concurrent but do not wish to disturb the length
of sentence, namely, two months on each of the two counts.
I therefore vary the sentence by quashing the order that it be served consecutively and substitute with an order that the sentence
be served concurrently but still consecutive to the sentence which the appellant is at present serving.
D. Pathik
JUDGE
At Labasa
20 July 1998
Haa0027j.98b
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