A LAUTOKA man who appealed against his six-year jail term for assaulting and robbing a digger operator in Waiyavi in 2009 had his case dismissed by the Court of Appeal.
Tirath Anand was sentenced in October last year after admitting being part of a gang that assaulted and robbed the victim of cash and items worth $360.
After pleading guilty, Anand was sentenced to six years imprisonment by the Lautoka Magistrates Court.
However, he appealed against the sentence, claiming it was too harsh.
He said the magistrate failed to take into account his guilty plea which he thought should have qualified him for a discount of his term.
But in his final ruling, Justice Durharshana De Silva said there was no special tariff for first offenders, and the fact that the accused was a first offender had been considered by the magistrate as a mitigating factor.
Justice De Silva said the magistrate had only increased the sentence by one year for Anand's involvement in the brutal assault on the victim when it was justifiable to increase the sentence by one year for other aggravating factors.