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Anand v State [2015] FJCA 69; AAU122.2013 (28 May 2015)

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

CRIMINAL APPEAL NO. AAU 122 OF 2013
High Court HAA 29 of 2012

BETWEEN:

TIRATH ANAND
Appellant

AND:

THE STATE
Respondent

Coram : Chandra JA
Fernando JA
Goundar JA

Counsel : Mr. S. Sharma for the Appellant
Mr. Y. Prasad for the Respondent

Date of Hearing : 19 May 2015
Date of Judgment : 28 May 2015

JUDGMENT

[1] The appellant seeks leave to abandon his appeal against sentence. The appeal was filed in the High Court after he was convicted on his own guilty plea to a charge of robbery with violence contrary to Section 293(1)(b) of the Penal Code (now repealed) and sentenced to 6 years imprisonment in the Magistrates Court. The High Court refused the appeal. Thereupon he appealed against the judgment of the High Court.

[2] Rule 39 of the Court of Appeal Rules provides that an appellant may abandon his appeal by giving a written notice to the Registrar. Upon receipt of such notice the appeal shall be deemed to have been dismissed by the Court of Appeal. When the appellant is unrepresented the Court must exercise care to ensure that the decision to abandon is:

(i) Deliberate, intentional and without mistake; and

(ii) Informed and competent (Jone Masirewa v State unreported Criminal Appeal CAV 14 of 2008, 17 August 2010).

[3] In this case, the appellant has filed a written notice of abandonment. He informed the Court that the decision to abandon his appeal is made freely and voluntarily, and without mistake.

[4] He told the Court that he understands that his decision to abandon the appeal will lead to the dismissal of the appeal.

[5] As a result, we grant the appellant leave to abandon his appeal. The appeal is dismissed.

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

..........................................
Hon. Justice S. Fernando
JUSTICE OF APPEAL

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