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Fiji Islands - Court of Appeal Digest 1991-2000 - Sentence |
FIJI COURT OF APPEAL
INDEX AND DIGEST
1991 – 2000
MICHAEL DISHINGTON SCOTT B.A. (Lond.)
Of Gray’s Inn, Judge of the High Court of Fiji
PARTIES
SUBJECT
DESCRIPTION
FCA
NO.
PAGE
NO.
Alivereti Nimacere v The State
SENTENCE
5 years imprisonment for conviction for grievous harm reduced to 4 years.
19/94
95/123
Amina Begum Koya v. The State
SENTENCE
Appeal against conviction for arson on "overwhelming" evidence dismissed on the merits- observations on the law of apprehended bias by pre-judgment- sentence of 3 years imprisonment reduced to 2 years on grounds of appellants infirmity.
11/96
97/136
Apenisa Ralulu v. The State
SENTENCE
Appeal against total sentence of 8 years imprisonment for 4 offences of robbery with violence dismissed.
9/95
97/176
Beniamino Naiveli v The State
SENTENCE
Abuse of office - requisite mental element - sufficiency of direction to assessors - suspended sentence of imprisonment - principles applicable - "special circumstances" - no suspension of sentence merely because consequences severe.
4/92
94/365
Carol Mitchell Tebbutt v. CIR
SENTENCE
Discharge without conviction in Magistrates’ Court for failing to deliver returns of income tax set aside by High Court and conviction and fine imposed- appeal against conviction dismissed- seriousness of offence emphasised- sparing use of Section 44 of the Penal Code stressed.
5/99
99/361
Eri Mateni v. The State
SENTENCE
Appeal against sentence imposed in a Magistrates’ Court- the High Court does not have power to increase the sentence beyond the maximum sentence which could have been imposed by the Magistrate- sentence varied.
21/98
99/200
Harban Singh v The State
SENTENCE
Appeal against 15 months imprisonment for offences of larceny by servant and fraudulent false accounting dismissed.
3/91
92/145
Iliaseri Saqasaqa v The State
SENTENCE
Appellant should not have been sentenced on basis that he was principal assailant – sentence of 9 years in imprisonment for robbery with violence reduced to 7.
19/93
94/298
Ilikesa Bula v The State
SENTENCE
Appeal against 12 months imprisonment for robbery with violence dismissed.
16/90
92/42
Isimeli Salabogi & Ors v The State
SENTENCE
Identification by photographs - no adequate direction to assessors - convictions quashed - retrial ordered - appeal against sentence of 8 years for "gang rape" dismissed.
6, 7,10/94
95/228
Joeli Tikolevu v. The State
SENTENCE
Manslaughter- planned robbery with violence- guidelines- sentence of 6 years imprisonment on low side- sentences adjusted to reflect different periods in custody on remand- delay in preparing records for appeal deprecated.
21/96
99/436
Jonetani Sereka v. The State
SENTENCE
Appeal against sentence of 8 years imprisonment for rape dismissed.
9/96
97/56
Josaia Lutunatabua v. The State
SENTENCE
Rape- appeal against conviction in face of “overwhelming” evidence dismissed- duty of Registry to supply record for appeal purposes as a matter of urgency- appeal against sentence of 8 years imprisonment dismissed.
3/96
99/152
Josefata Vakarorogo v The State
SENTENCE
Appeal against conviction dismissed on the facts - appeal against sentence of 8 years of imprisonment for rape dismissed.
9J/94
94/525
Joseph Narayan v The State
SENTENCE
Manslaughter-10 years imprisonment-deceased the appellants daughter-factors taken in to account when assessing sentence-sentence reduced to 7 years imprisonment.
12/90
92/33
Joseva Lui, Inoke Mata & Ilisoni Volitikoro v The State
SENTENCE
Robbery with violence- need for development of principled sentencing patterns- suspended sentence- whether High Court has power to activate a sentence imposed by a Magistrate's Court- need to consider "total criminality" principle- insufficient regard given to guilty pleas entered at first opportunity- sentences reduced.
5/97
98/53
Kim Nam Bae v. The State
SENTENCE
Manslaughter- 6 years imprisonment- whether sentence wrong in principle- guidelines- appeal dismissed.
15/98
99/145
Kuliniasi Vasu v The State
SENTENCE
Correct and adequate warning given on identification evidence-appeal against conviction dismissed- appeal against sentence of 6 years imprisonment for rape dismissed.
18/90
92/15
Kuldip Singh v The State
SENTENCE
Manslaughter- relevance of offender’s previous criminal history- 5 year starting point approved- sentence not unlawful, wrong or manifestly excessive- appeal dismissed.
4/97
98/64
Lepani Varani v the State
SENTENCE
Appeal against sentence of 6 years imprisonment for robbery with violence dismissed.
16/94
95/33
Lote Raikabula & Anr v The State
SENTENCE
Appeals against sentence of 6 and 8 years imprisonment for robbery with violence dismissed.
12, 13/94
95/27
Lote Ratu v The State
SENTENCE
Appeal against conviction and sentence for robbery with violence dismissed.
23/90
92/21
Luke Rokotoro v The State
SENTENCE
Appeal against 4 years imprisonment for rape dismissed.
20/90
92/19
Maika Soqonaivi v The State
SENTENCE
Rape- corroboration- whether injuries capable of amounting to- distress of complainant- correctness of judge's direction - appeal against conviction and sentence of 6 years imprisonment dismissed (majority decision).
8/97
98/438
Malele Koroinivalu v The State
SENTENCE
Appeal against 2 years imprisonment for robbery with violence dismissed.
26/91
92/76
Mohammed Kasim v The State
SENTENCE
The starting point for sentencing an adult for the offence of rape should be 7 years imprisonment - unless there are mitigating factors Magistrates should normally commit to the High Court for sentence.
21/93
94/291
Narend Patel v The State
SENTENCE
Appeal against sentence for possession of dangerous drugs dismissed.
8/91
92/37
Nasoni Tamani v. The State
SENTENCE
Trial for robbery with violence- accused not invited to address assessors- procedural defect but proviso applied- serious planned robbery with use of firearm- guidelines- appeal against 8 years imprisonment dismissed.
14/98
99/406
Onisimo Seru v. The State
SENTENCE
Appeal against 6 years imprisonment for manslaughter in the course of a robbery dismissed.
1/93
93/356
Osea Baleasavu v The State
SENTENCE
Appeal against sentence to High Court- sentence increased by High Court-procedure unfair-relevance of period "under lock and key" when imposing sentence-appeal allowed.
15/91
92/1
Peniasi Lee v. The State
SENTENCE
Appeal against sentence of 10 years imprisonment for robbery with violence dismissed.
3/92
93/635
Rafaele Vui v The State
SENTENCE
Manslaughter - domestic violence- appeal against sentence of 5 years imprisonment dismissed.
3/94
96/161
Rajend Kumar v The State
SENTENCE
Appeal against sentence of 7 years imprisonment dismissed - whether trial judge entitled to take into account contents of written statements tendered at committal hearing - Criminal Procedure Code(Cap.21) section 255-observations on the role of DPP and jurisdiction of the Court.
5/92
93/358
Rajesh Prasad v The State
SENTENCE
Appeal against conviction on grounds of bias by trial judge-shortcomings in procedure adopted by trial judge and summing up- insufficient to establish bias- assessors failed to retire to consider opinions- no requirement for retirement-appeal against conviction dismissed- appeal against sentence of 6 years imprisonment for unlawful wounding by cane knife-first offender- sentence reduced to 3 years imprisonment.
4/91
92/54
Ram Sami v The State
SENTENCE
Appeal against sentence of 3 years imprisonment for act intended to cause grievous harm dismissed.
5/93
94/199
Ranjeev Kumar v The State
SENTENCE
Appeal against sentence of 8 years imprisonment for rape and robbery with violence dismissed.
14/95
96/315
Ravin Chand v. The State
SENTENCE
Before a sentence of imprisonment is imposed in the place of an absolute discharge a conviction must first be entered - if the conviction occurs during the operational period of a suspended sentence then Section 30 (1) of the Penal Code applies.
19/98
99/118
Sailosi Serukalou v. The State
SENTENCE
Manslaughter- appeal against sentence of 5 years imprisonment dismissed.
17/98
99/328
Sailosi Serukalou v The State
SENTENCE
Leave to appeal out of time granted.
1/93
94/195
Sailosi Serukalou v The State
SENTENCE
Appeal against sentence of 5 years imprisonment for manslaughter dismissed.
17/93
94/222
Sakiusa Mocevakaca & Ors v The State
SENTENCE
Discussion on law of corroboration of rape- appeal against conviction dismissed –appeals against sentence of 5 years imprisonment dismissed.
11/90
92/191
Saras Devi v The State
SENTENCE
Manslaughter-illegal abortion-13 months in custody prior to bail being granted pending a hearing- appeal against sentence of 2 years imprisonment allowed to enable immediate release.
24/90
92/149
Seremaia Tuikadavu v. The State
SENTENCE
Appeal against sentence of 2˝ years imprisonment for robbery with violence dismissed.
10/92
93/32
Shiu Sami v The State
SENTENCE
Unrepresented accused- whether failure to comply with committal procedures- CPC (Cap. 21)- sections 229 230(1), 256 held to be directory and not mandatory. Appeal against 5 years imprisonment for conviction for committing grievous harm with intent dismissed.
7/95
96/1
State v Mesema Yabaki
SENTENCE
Manslaughter - child battering – prosecution appeal against suspended sentence of 18 months imprisonment dismissed.
22/93
94/450
Suliasi Sivaro v The State
SENTENCE
Before a judge relies on the contents of a written statement not given in evidence the accused must be given an opportunity to challenge the correctness of the statement- appeal against 4 years imprisonment for robbery with violence dismissed.
3/97
98/216
Taniela Lavetiviti & Anr v The State
SENTENCE
Appeal against conviction on ground that medical certificates tendered in absence of doctor overseas dismissed-appeal against sentence of 5 years imprisonment for rape dismissed- observations on leniency of sentence imposed by High Court.
10/91
92/51
Timoci Koro v The State
SENTENCE
Appeal against sentence of 8 years imprisonment for "dreadful case" of manslaughter dismissed.
16/93
96/310
Umesh Kumar v. The State
SENTENCE
Rape- aggravated circumstances- young child- violence- serious injuries- long delay in hearing appeal- guidelines- sentence increased to 7 years imprisonment- constitutionality of corporal punishment doubted.
9/97
99/374
Vishwajit Prasad v The State
SENTENCE
Appeal against sentence of 4 years imprisonment imposed on a first offender allowed and varied to 2˝ years imprisonment - order for compensation.
23/93
94/258
Waisake Tuimereke & Apenisa Ralulu v The State
SENTENCE
Robbery with violence- appeals against conviction- when fresh evidence admissible on appeal- previous inconsistent statement- whether directions appropriate- identification evidence- whether satisfactory- appeal against conviction dismissed- appeal against 5 years imprisonment dismissed.
11/97
98/333
Yeung Sze Wail Ali, Fong Pak Hung & Ho Know On v The State
SENTENCE
Forging and uttering- appeals against sentence of immediate imprisonment dismissed.
13/97
98/228
© Michael Dishington Scott 2000
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