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Delana v State [2012] FJCA 84; AAU0023.2010 (12 November 2012)

IN THE COURT OF APPEAL, FIJI
APPELLATE JURISDICTION

CRIMINAL APPEAL NO.AAU0023 OF 2010
[High Court Criminal Action Nos.HAC 190 of 2008; 108 of 209; 113 of 2009; 126 of 2009]

BETWEEN:

TIMOCI DELANA
Appellant

AND:

THE STATE
Respondent

Counsel : Appellant in Person
Mr. Korovou for the Respondent

Date of Hearing : 7 November, 2012
Date of Ruling : 12 November, 2012

RULING

1. The Appellant was charged for Robbery with Violence, Damaging property and Unlawful use of Motor Vehicles in three separate indictments and he pleaded guilty to all indictments.
   
2. The learned High Court Judge convicted the Appellant and sentenced him to 10 years imprisonment for robbery with violence, 1 year imprisonment for damaging property and 4 months imprisonment for unlawful use of motor vehicles and the sentences to run concurrently.
   
3. The Appellant filed an application for leave to appeal against sentence stating that the sentence was harsh and excessive.
   
4. When the Appellant's application was taken up for hearing on 7th November 2012, the Appellant made an application to withdraw his appeal. State 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