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Sinha v State [2012] FJCA 106; AAU0091.2010 (12 December 2012)

IN THE COURT OF APPEAL, FIJI
APPELLATE JURISDICTION

CRIMINAL APPEAL NO.AAU0091 OF 2010
[High Court Criminal Case No. HAC 46 of 2008]

BETWEEN :

SALENDRA SEN SINHA
Appellant

AND :

THE STATE
Respondent

Coram : Chandra RJA
Counsel : Appellant in Person
Mr M Korovou for the Respondent

Date of Hearing : 15 October 2012
Date of Ruling : 12 December 2012

RULING

1. This is an application for leave to appeal against conviction and sentence.
   
2. The trial against the Appellant proceeded on causing payment by virtue of a forged instrument contrary to section 345 of the Penal Code and 1 count of money laundering.
   
3. The Appellant was found guilty, convicted and sentenced to 2 years imprisonment with a non-parole period of 18 months on 29th October 2010.
   
4. The Appellant appealed against the conviction and sentence.
   
5. When the case was taken up for re-hearing on 15th October 2012, the Appellant moved to withdraw his appeal as he had already served his sentence and the Counsel for the State had no objection to the same.
   
6. A single Judge of the Court of Appeal has no jurisdiction to decide on an application to withdraw an appeal. In terms of Rule 39 of the Court of Appeal Rules, the single Judge should direct the application for withdrawal to the made before the Full Court.
   
7. Therefore I direct that this case be placed in the list of cases to be heard before the Full Court.
   

Suresh Chandra
Resident Justice of Appeal