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Veitata v State [2012] FJCA 74; AAU0036.2011 (25 October 2012)

IN THE COURT OF APPEAL, FIJI
ON APPEAL FROM THE HIGH COURT OF FIJI

Criminal Appeal No: AAU0036 of 2011
(on appeal from HAC 25 of 2010)

BEFORE THE JUSTICE OF APPEAL, HON. JUSTICE PAUL K. MADIGAN

BETWEEN :

ATUNAISA VEITATA
Applicant

AND:

THE STATE
Respondent

Counsel : Applicant in person
Mr. M. Korovou for the State

Date of Hearing : 25 October 2012
Date of Judgment : 25 October 2012

JUDGMENT

1. The applicant was tried in the High Court in Suva in February 2011 on three counts, being possession of forged document, uttering a forged document and demanding property on a forged document. He was found guilty and convicted and on 10th March 2011 sentenced to a term of imprisonment of two years and six months imprisonment.

2. The convict appealed both conviction and sentence out of time and seeks leave to extend time and leave to appeal.

3. At a leave hearing today, the applicant informed me that he wishes to withdraw his appeal in its entirety.

4. The single Judge not being at liberty to dismiss an appeal which is being abandoned can only remit the matter back to the Registrar in order that he may relist it before the Court of Appeal.

5. The case is therefore remitted to the Registrar for listing before the full Court.

Paul K. Madigan
Judge of Appeal

At Suva
25 October 2012