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Serukalou v State [2000] FJHC 186; Criminal Appeal 26 & 27.2000 (28 August 2000)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 26 AND 27 OF 2000
(Labasa Mag. Ct. Crim. Case Nos. 53 & 54/2000)

Between:

LAGILAGI SERUKALOU
Appellant

And

STATE
Respondent

ORDER OF SUMMARY DISMISSAL

On 4 February 2000 the appellant was on his own plea convicted and sentenced before the Magistrate’s Court at Labasa for the various offences as follows:

1. In Crim. Appeal No. 26/2000 for store-room breaking and entering and larceny contrary to section 300(a) of the Penal Code, Cap.17 sentenced to two years’ imprisonment. He stole chemical valued at $841.08 the property of the Republic of Fiji and sold it to an Indian farmer. He admitted 6 previous convictions which included three for larceny.
   
2. In Crim. App. No. 27/2000 on two counts he was sentenced to 3

months imprisonment on each count. The first count was for larceny contrary to s259 and 262 of the Penal Code, Cap.17 involving $111.99 and the second count was for giving false name to a police officer contrary to section 24 of the Police Act, Cap.25.

This appeal is against sentence only in that it is harsh and excessive. He was given a total sentence of two and a half years’ imprisonment.

I hereby certify that I have perused the records of these two files and I find no reason to lead me to the opinion that the sentence ought to be reduced. I am satisfied that these appeals have been lodged without any sufficient ground of complaint. These appeals are therefore summarily dismissed under the provisions of section 313 of the Criminal Procedure Code, Cap.21.

D. Pathik
Judge

At Suva
28 August 2000