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Rigamoto v State [2015] FJCA 136; AAU083.2014 (2 October 2015)

IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT

Criminal Appeal No: AAU 0083 of 2014
(High Court Case No: HAC 395 of 2011)

BETWEEN:

HARRY RIGAMOTO
Appellant

AND:

THE STATE
Respondent

Coram : Calanchini P
Basnayake JA
Prematilaka JA

Counsel : Mr. J Savou for the Appellant
Mr. S. Vodokisolomone for the Respondent

Date of Hearing : 21 September 2015
Date of Judgment : 2 October 2015

JUDGMENT

Calanchini P

[1] I agree that the application should be allowed and that the appeal against sentence should be dismissed.

Basnayake JA

[2] The appellant seeks leave of Court to abandon his appeal.

[3] The appellant was convicted on his own plea on two counts of rape contrary to Section 207 (1) (2) (a) and (3) of the Crimes Decree No. 44 of 2009. He was sentenced on 17 May 2013 for 14 years imprisonment with a non-parole period of 12 years. The appellant filed a Notice of Appeal on 25 June 2014 against the sentence.

[4] On 17 July 2015 the appellant filed this notice of abandonment of appeal intimating his desire not to prosecute the appeal. The appellant was represented by counsel. However when the court inquired the reason for withdrawal, the appellant stated that he fears that the sentence might be enhanced.

[5] He stated to court that the application for withdrawal was made on his own freewill and that no one used any kind of force or duress. He also stated that he got advice from his counsel as well on this matter. He was advised by court that in the event of allowing this application, that his appeal would be dismissed and that he would be prevented from re-agitating.

[6] I am of the view that the appellant moved to withdraw this application on his own volition and without any force or duress by any one. Hence I allow this application for abandonment and the appeal is thus dismissed.

Prematilaka JA

[7] I agree.

The Orders of the Court are:

1. Application to withdraw the appeal is allowed.
2. The appeal is dismissed
   

Hon. Mr. Justice W. Calanchini
PRESIDENT, COURT OF APPEAL

Hon. Mr. Justice E. Basnayake
JUSTICE OF APPEAL

Hon. Mr. Justice C. Prematileka
JUSTICE OF APPEAL