IN THE HIGH COURT OF FIJI
AT SUVA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO.0044 OF 1997

Between

THE STATE
Appellant

And

AKESA MOCE
Respondent

Counsel: Mr. Petaia for Appellant
Respondent in person

Hearing: 8th September 1997

Decision: 8th September 1997

NOTES OF HEARING AND ORAL
DECISION OF PAIN J

Appeal called.

Mr. Petaia -Advice was given this morning of intention of Appellant to file a discontinuance. I realise that it is late. Only came to that decision on Friday.

Court - In terms of S.318 (1) it is too late to file a discontinuance. Notice of fixture was given on 21/8/97. It is evident from a reading of the record in Magistrates Court that the appeal against a discharge could not succeed because the facts put before the learned Magistrate on the plea of guilty do not show the commission of the offence charged. The Court would appreciate adequate notice being given to save the time of the Court and inconvenience to the Respondent

Mr. Petaia - Appellant does not wish to prosecute the appeal.

Court - Appeal dismissed.

Justice D.B. Pain