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Tamanitoakula v State [2014] FJCA 196; AAU0054.2014 (28 November 2014)

IN THE COURT OF APPEAL
[On appeal from the Magistrates' Court
Exercising Extended Jurisdiction]

CRIMINAL APPEAL NO. AAU0054 of 2014
[Savusavu MC Case No. 04/13]

BETWEEN:

EPELI TAMANITOAKULA
Appellant

AND:

THE STATE
Respondent

Coram : Chandra JA
Goundar JA

Counsel : Mr. J. Savou for Appellant
Mr. M. Delaney for State

Date of Hearing : 28 November 2014
Date of Judgment : 28 November 2014

JUDGMENT

[1] These appellant seeks leave of the Court to abandon his appeal.

[2] In Jone Masirewa v The State (unreported Criminal Appeal No. CAV0014 of 2008S, 17 August 2010) the Supreme Court explained the procedure for withdrawal of an appeal in detail. The Supreme Court at para [11] pointed out that when the appellant is unrepresented, the Court must proceed with caution and conduct an inquiry "to establish that the decision to withdraw has been made deliberately, intentionally and without mistake".

[3] The appellant informed this Court that he made the decision to withdraw after consulting his legal counsel. In any event, the Court conducted the Masirewa inquiry with the appellant and is satisfied that the appellant's decision to withdraw is informed, deliberate, intentional and without mistake.

Result

[4] Leave granted.

[5] The appeal is dismissed.

....................................
Hon. Justice S. Chandra
JUSTICE OF APPEAL

....................................
Hon. Justice D. Goundar
JUSTICE OF APPEAL

Solicitors:
Office of the Director of Legal Aid Commission for Appellant
Office of the Director of Public Prosecutions for State