Home | Databases | WorldLII | Search | Feedback Court of Appeal of Fiji

Lal v State [2002] FJCA 30; AAU0029E.2001S (23 January 2002)

IN THE COURT OF APPEAL, FIJI ISLANDS
AT SUVA

CRIMINAL APPEAL NO. AAU0029/2001S
(High Court Criminal Case No. 3/99)

BETWEEN:

MOOL CHAND LAL
Appellant

AND:

THE STATE
Respondent

APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE

The applicant was convicted of murder and sentenced to life imprisonment.

He has filed a document headed “Application for leave to appeal against sentence” and which refers specifically to section 21 (1)(c) of the Court of Appeal Act.

This section provides that a person convicted on trial before the High Court may appeal with the leave of the Court of Appeal against the sentence unless the sentence is one fixed by law.

In murder, the sentence is fixed by law. There can be no right of appeal against sentence.

Acting under section 35(2) of the Court of Appeal Act as amended I dismiss the appeal, on the grounds that there is no right of appeal and no right to seek leave to appeal.

Dated at Suva this 23 January 2002.

Thomas Eichelbaum
Justice of Appeal