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

Mohan v State [2014] FJCA 55; AAU0107.2013 (17 April 2014)

IN THE COURT OF APPEAL
On appeal from the High Court
CRIMINAL APPEAL NO. AAU0107of 2013
High Court Case No. HAC 0084 of 2009L

BETWEEN:

SANJEEV MOHAN
Appellant

AND:

THE STATE
Respondent

Coram : Goundar JA

Counsel : Appellant in person
Mr. M. Delaney for the Respondent

Date of Hearing : 8 April 2014
Date of Ruling : 17 April 2014

RULING

[1] On 7 March 2013, the appellant filed an appeal against a voir dire ruling admitting his caution interview in evidence in a case before the High Court at Lautoka. Subsequently, he was tried and acquitted in the case in which that voir dire ruling was made.

[2] Clearly, the appeal against the voir dire ruling is an interlocutory appeal. The Court of Appeal has no jurisdiction to hear the appeal. Furthermore, the acquittal of the appellant has made this appeal academic.

[3] Section 35(2) of the Court of Appeal gives a single judge power to dismiss an appeal that is bound to fail because there is no right of appeal.

[4] In this case, I am satisfied that the appeal is bound to fail because there is no right of appeal.

[5] The appeal is dismissed under section 35(2) of the Court of Appeal Act.

Hon. Justice D. Goundar
JUSTICE OF APPEAL