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Taraki v State [2018] FJCA 83; AAU0131.2014 (1 June 2018)

IN THE COURT OF APPEAL, FIJI
ON APPEAL FROM THE MAGISTRATES COURT
Exercising extended jurisdiction

CRIMINAL APPEAL AAU 0131 OF 2014
(Magistrates Court No: 1284 of 2011)

BETWEEN:

MANASA TARAKI
Appellant

AND:

THE STATE
Respondent

Coram : Calanchini P
Chandra JA
Bandara JA

Counsel: Mr T Lee for the Appellant
Ms P Madanavosa for the Respondent

Date of Hearing: 17 May 2018
Date of Ruling : 1 June 2018

RULING

Calanchini P

[1] The appellant was convicted on his plea of guilty in the Magistrates Court at Nausori exercising the extended jurisdiction of the High Court on one count of aggravated robbery. On 29 September 2014 he was sentenced to 7 years imprisonment with a non-parole term of 4 years. The learned Magistrate noted that the time spend in remand “will be deducted from his sentence.”

[2] The Appellant subsequently filed a timely notice of appeal against sentence. Although documents dated much later purport to raise grounds relating to an appeal against conviction, there was no formal notice of appeal against conviction filed nor was there filed any application for an enlargement of time. On 30 January 2018 the Appellant filed an application to abandon his appeal against sentence pursuant to Rule 39 of the Court of Appeal Rules.

[3] In accordance with the decision of the Supreme Court in Masirewa –v- The State (CAV 14 of 2008; 17 August 2010) the application to abandon the appeal was eventually listed for hearing before the Court of Appeal. At the hearing the appellant confirmed that his decision to abandon the appeal was made voluntarily. He confirmed that he had received legal advice and that he understood the consequences in the event that his application were granted.

[4] Under the circumstances the application to abandon the appeal against sentence is granted and the appeal is dismissed. To the extent that it is necessary the appeal against conviction is dismissed as it is out of time.

Chandra JA

[5] I agree.

Bandara JA

[6] I agree.

Orders:

Appeal against conviction and sentence is dismissed.

_____________________________
Hon. Justice W.D. Calanchini
PRESIDENT, COURT OF APPEAL

_____________________________
Hon. Justice S Chandra
JUSTICE OF APPEAL

____________________________
Hon. Justice W Bandara
JUSTICE OF APPEAL