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Chand v State [2012] FJCA 69; AAU0061.2010 (16 October 2012)

IN THE COURT OF APPEAL, FIJI ISLANDS
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. AAU0061 OF 2010
[High Court Criminal Action No.HAA0018 of 2010]

BETWEEN:

ASHWIN CHAND
Appellant

AND:

THE STATE
Respondent

Counsel: Appellant in Person
Mr. M. Korovou for Respondent

Date of Hearing: Thursday, 11th October, 2012
Date of Ruling: Tuesday, 16th October 2012

RULING

1. The Appellant was convicted in the Magistrate's Court for one count of theft contrary to Section 291 of the Crimes Decree No.64 of 2009 and sentenced to 3 years imprisonment.
   
2. The Appellant appealed against the conviction and sentence to the High Court.
   
3. The High Court on appeal reduced the sentence to 30 months imprisonment with a 2 year non-parole period.
   
4. On 5th October 2012 when the case was called for rehearing in the Court of Appeal, the Appellant moved to withdraw the appeal. The Respondent's Counsel did not object to the application for withdrawal.
   
5. A single Judge of the Court of Appeal has no jurisdiction to decide on an application to withdraw an appeal. In terms of Rule 39 of the Court of Appeal rules, the single judge should direct the application for withdrawal to be made before the full Court.
   
6. Therefore I direct that this case be placed in the list to be heard by the full Court.
   

Suresh Chandra
Resident Justice of Appeal

At Suva
16 October 2012