| Fiji Islands - Nanuca v The State - Pacific Law Materials |
IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 34 OF 1998
BETWEEN:
:
SEMESA NANUCA
Appellant
AND:
STATE
Respondent
;
Appellant in Person
Ms. Anuja Sukhdeo for the Sthe State
JUDGMENT
In this case the appellant was convicted on his own plea of the offence of act intended to cause grievous harm contrary to section
224(a) of the Penal Code Cap. 17 and sentenced to four years' imprisonment at the Magistrate's Court, Labasa.
The particulars of offence are that on 14 February 1998 at Labasa in the Northern Division with intent to do grievous harm to Hasrat
Ali s/o Abbas Ali did unlawfully wound him with a kitchen knife. The offence took place after the appellant and an accomplice hired
a taxi and the appellant held the taxi driver (the victim) at knife point.
The learned Magistrate made certain comments before sentencing stating that the offence was a well-planned and calculated one. It
was a serious offence; this type of offence is on the increase. He said that "people such as the victim provide a very important public service and they ought to be protected". I fully agree with him.
The learned State counsel opposed the appeal stating that 4 years is on the low side. This offence was committed without any provocation;
it is a prevalent offence with taxi-drivers being the victims. She said that it is open to the Court to increase the sentence.
After the State counsel had finished addressing the Court the appellant said that he did not wish to proceed with the appeal and requested
the Court if his sentence could remain at 4 years whereupon I dismissed the appeal.
The appeal is dismissed.
D. Pathik
Judge
At Labasa
20 July 1998
Haa0034j.98b
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