NATION

Resisting arrest accused wins appeal

A man who was imprisoned by the Suva Magistrates Court for three counts of being drunk and disorderly, resisting arrest and disorderly conduct in a Police station, won his appeal
18 Feb 2018 11:00
Resisting arrest accused wins appeal

A man who was imprisoned by the Suva Magistrates Court for three counts of being drunk and disorderly, resisting arrest and disorderly conduct in a Police station, won his appeal against his sentence on Friday.

Ilaitia Tuwere appeared before High Court Judge Justice Daniel Goundar to appeal his sentence where he got four months imprisonment.

On December 6, 2017 Tuwere acted in an unruly behaviour with two others at Rodwell Road in Suva and challenged the Police officers when he was approached.He also swore at the Police at the time.

In his appeal, Tuwere submitted that the charge was unlawful because he was never caution interviewed at the Police station.Justice Goundar said the accused was properly convicted for the charge, however, there was an error in principle when the learned magistrate punished the accused for assaulting the Police officer and not for resisting arrest.

He said it was not right to punish someone for something they were not convicted for.

Justice Goundar affirmed Tuwere’s conviction and sentenced him afresh to three months imprisonment.

FONUA TALEI

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