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Prasad v State [2014] FJCA 8; AAU089.2012 (18 February 2014)

IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT

CRIMINAL APPEAL NO: AAU 089 of 2012
(High Court Criminal Case No. HAM 174 of 2012)

BETWEEN:

DINESH PRASAD
Appellant

AND:

THE STATE
Respondent

Coram : Basnayake JA
Goundar JA

Counsel : Appellant in person
Mr M. Delaney for the Respondent

Date of Hearing : 18 February 2014
Date of Ruling : 18 February 2014

JUDGMENT

[1] This is an application for abandonment of appeal.

[2] The appellant was charged with receiving stolen property in the Magistrates' Court. He applied for a stay of proceedings in the High Court on the ground of delay. On 21 November 2012, the High Court refused the application for stay. The following day, the appellant filed a Notice of Appeal against the High Court's judgment. It is that appeal the appellant now wants to abandon. He informed this Court that he was tried in the Magistrates' Court on the charge of receiving stolen property and was acquitted. In these circumstances, the appeal against refusal of stay is academic.

[3] We are satisfied that the appellant has made the decision to abandon his appeal freely and with the full understanding of the consequences of his decision.

[4] We grant him leave and dismiss the appeal.

Hon Justice E. Basnayake
JUSTICE OF APPEAL

Hon. Justice D. Goundar
JUSTICE OF APPEAL