| Fiji Islands - Raj Deo v The State - Pacific Law Materials |
IN THE COURT OF APPEAL, FIJI
ON APPEAL FROM THE HIGH COURT OF FIJI
CRIMINAL APPEAL NO. AAU0004 OF 1999S
(High Court Criminal Case No. HAC 011/98)
BET
:
RAJ DEO
Applicant
AND:
THE STATE
Respondent
In Chambers: Th. Jus. Justice Ian R. Thompson, Justice of Appeal
Date of Decision: Thursday, 11 February 1999
DECISION IN CHAMBERS
On 14 January 1999 the applicant was cted of murder, contrary tory to section 199 of the Penal Code (Cap. 17) and sentenced to imprisonment for life. On 10 February 1999 he filed what purports to be a notice of appeal against the
sentence but not against the conviction.
Appeal against a sentence imposed by the High Court lies to this Court only with the leave of this Court (Court of Appeal Act (Cap.
12) s.21(c) I am, therefore, treating the notice as an application for leave to appeal and am dealing with it as authorised by section
35(1)(a) of the Court of Appeal Act.
However, leave cannot be granted for an appeal against a sentence which is fixed by law (Court of Appeal, s.21(c)). Section 200 of
the Penal Code makes it mandatory that a person convicted of murder is to be sentenced to imprisonment for life. Leave cannot, therefore, be granted
to the applicant to appeal against the sentence imposed on him.
Order: Leave to appeal is refused.
Mr Justice Ian R. Thompson
Justice of Appeal
Aau0004e.99s
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