IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

LABASA CRIMINAL APPEAL NO. 53 OF 1999

(Labasa Mag. Ct. Criminal Case No. 975/98)

Between:

LESLIE BROWN
Appellant

and

THE STATE
Respondent

Appellant in Person
Mr J Rabuku for State

JUDGMENT

The appellant, Leslie Brown, was on 9 December 1998 in the Labasa Magistrate’s Court convicted on his own plea of the offence of attempted rape contrary to section 151 of the Penal Code and was sentenced to imprisonment for 2 years.

The particulars of offence are that on 6 December 1998 at Nadua, Wainunu, Bua in the Northern Division the appellant attempted to have carnal knowledge of Naomi Dainimate without her consent.

The fact are that on 6 December 1998 the victim a 13 year old student was confronted by the appellant outside the house of her relative where she had gone to watch video at 10.30p.m. The appellant watched another person raping the victim in a banana plantation. She was lying naked and he came on top of her and tried to separate her legs but could not do it. The victim screamed and the appellant fled the scene.

The appellant submits that the sentence is harsh and excessive and that it should be reduced. He is 19 years old.

The learned State Counsel opposes the appeal stating that there is nothing wrong with the sentence.

This is a very serious offence committed on a young girl of 13 years. There is no merit in this appeal whatsoever. The sentence is not a day, to long, if anything, the learned Magistrate has erred on the side of leniency.

The appeal is therefore dismissed. I notice that the Warrant of Commitment states that the appellant is sentenced to 3 years whereas it should have been 2 years. I order that the warrant be amended accordingly and the prison authorities be advised of this in writing without delay.

D.Pathik
JUDGE
At Labasa
6 September 1999

HASS053J.99B