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Judge cautions appellant

Shalveen Chand
Thursday, May 22, 2014

A SERVING prisoner was told that his sentence could increase as the court evaluated his appeal against sentence.

Josua Naivalu was sentenced to 10 months for a crime he committed on April 16, 2013, and 14 months for a burglary he committed two days later.

His second sentence was three months after the first one and he was ordered to serve the sentence consecutively, meaning that he starts serving the 14-months as soon as the 10-month imprisonment term is over.

Naivalu appealed that his sentence should have been concurrent, that he serves only the longer of the jail terms.

Justice Janaka Bandara told the appellant that the tariff for burglary should be between 18 and 24 months. He said the appellant was lucky to get 14 months.

Justice Bandara said when he looked through the appeal he would have to consider if adequate sentence was given by the court or not.

He said the application was made in a very thorough manner which showed that the appellant understood the law very well.

He said it was his job to inform the appellant what the consequences of the appeal could be.

Justice Bandara told Naivalu that it was his legal right to continue with the appeal as much as it was to withdraw.

The case will be called next week so Naivalu can inform the court what he plans to do.

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