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Tawatatau v State [2015] FJCA 59; AAU0045.2013 (28 May 2015)

IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT

CRIMINAL APPEAL NO. AAU 0045 OF 2013
(High Court Case No. HAC 329/2011)

BETWEEN:

JOELI TAWATATAU
Appellant

AND:

THE STATE
Respondent

Coram : Calanchini, P
Almeida Guneratne, JA
Fernando, JA

Counsel : Appellant in Person
Mr. S. Vodokisolomone for the Respondent

Date of Hearing : 18 May 2015
Date of Judgment : 8 May 2015

JUDGMENT

Calanchini P

[1] I agree that the appeal should be dismissed.

Almeida Guneratne JA

[2] I agree with reasoning and judgment of Fernando JA.

Fernando JA

[3] The Appellant seeks leave to abandon his appeal. The appeal was against a bail decision. The Appellant informs court that subsequent to the filing of his appeal he has now been convicted.

[4] Rule 39 of the Court of Appeal Rules provides that an Appellant may abandon his appeal by giving a written notice to the Rregistrar. Upon receipt of such notice the appeal shall be deemed to have been dismissed by the Court of Appeal. When the Appellant is unrepresented the Court must exercise care to ensure that the decision to abandon is:

(i) Deliberate, intentional and without mistake; and
(ii) Informed and competent (Jone Masirewa v State (unreported Criminal Appeal CAV 14 of 2008, 17 August 2010).

[5] In this case, the Appellant has filed a written notice of abandonment. He informed the Court that the decision to abandon his appeal is made freely and voluntarily, and without mistake.

[6] He told the Court he understands that his decision to abandon the appeal will lead to the dismissal of the appeal.

[7] We are satisfied that he has understood the consequences of his decision to abandon his appeal.

Orders of the Court:

1. Application to abandon appeal is allowed.
   
2. The appeal is dismissed.
   

..........................................
Hon. Justice W. Calanchini
President, Court of Appeal

..........................................
Hon. Justice Almeida Guneratne
Justice of Appeal

......................................
Hon. Justice S. Fernando
Justice of Appeal