| Fiji Islands - Rabuka v The State - Pacific Law Materials |
IN THE HIGH COURT OF FIJI
AT SUVA
APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 12 OF 1996
Between:
MANASA RABUKA
Appellant
AND:
STATE
Respondent
Appellant in person
Mr. S. Karavaki for the Respondent
JUDGMENT
This is an appeal against conviction and sentence of the appellant on 27 July 1995 at the Magistrate's Court at Suva of attempted
rape contrary to section 151 of the Penal Code.
When the hearing commenced on 11 April 1996 the appellant withdrew the Appeal.
At Court's request the learned counsel for the State addressed the Court on the matter of recording of conviction. He said that although
conviction was recorded after mitigation (page 26 of Record) and not immediately after the appellant was found guilty there was compliance
with s155 of the Criminal Procedure Code in regard to "contents of judgment". He said that in any case under s319(1)(a) there was no "substantial miscarriage of justice" in entering a formal conviction after mitigation.
The appeal being withdrawn and upon hearing the learned State counsel, the appeal is dismissed.
D. Pathik
JUDGE
Suva
10 May 1996
Haa0012j.96s
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URL: http://www.paclii.org/fj/cases/FJHC/1996/12.html
