Home | Databases | WorldLII | Search | Feedback Court of Appeal of Fiji

Volau v State [2012] FJCA 48; AAU0036.2009 (27 July 2012)

IN THE COURT OF APPEAL, FIJI
ON APPEAL FROM HIGH COURT OF FIJI

CRIMINAL APPEAL NO. AAU 0036 OF 2009
[High Court Criminal Case No. 057 of 2008,
Lautoka]

BETWEEN

MANASA VOLAU
Appellant

AND

THE STATE
Respondent

Counsels : Appellant in Person
Ms. N. Tikoisuva for Respondent
Hearing : 27th July, 2012
Ruling : 27th July, 2012

RULING

1. The appellant was convicted on 23rd October, 2009, for two counts of "robbery with violence" (1st and 3rd counts), and "unlawful use of a motor vehicle" (count no. 2). He was sentenced to 12 years imprisonment in total.
   
2. On 27th November, 2009, he applied for leave to appeal against his conviction and sentence. He advanced 7 grounds of appeal against his conviction, and 3 grounds of appeal on his sentence.
   
3. This appeal has been pending since 27th November, 2009. Both parties have filed written submissions, which are in the court file. The appellant applied for legal aid, which was refused. He said, he would represent himself. I was about to hear the matter on 27th July 2012. The appellant said, he wished to withdraw his application for leave to appeal out of time, and his application for leave to appeal against conviction and sentence. He said, no one forced him to take the above position, and he did so out of his own free will. The State did not object to the withdrawal.
   
4. The appellant filled in and signed Form 3, the "Notice of Abandonment of Appeal", and filed the same in court, on 27th July 2012. I then granted the appellant leave to abandon and/or withdraw his application for leave to appeal out of time and for leave to appeal against conviction and sentence. I order so accordingly.
   

Salesi Temo
Justice of Appeal

Solicitor for Appellant : In Person
Solicitor for State : Director of Public Prosecutions Office, Suva