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Singh v State [2015] FJCA 73; AAU48.2013 (28 May 2015)

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

CRIMINAL APPEAL NO. AAU 48 OF 2013
High Court HAA 13 and 14 of 2012

BETWEEN:

JAGDISHWAR SINGH
Appellant

AND:

THE STATE
Respondent

Coram : Calanchini P
Chandra JA
Fernando JA

Counsel : Mr. S. Sharma for the Appellant
Mr. S. Vodokisolomone for the Respondent

Date of Hearing : 18 May 2015
Date of Judgment : 28 May 2015

JUDGMENT

[1] The appellant seeks leave to abandon his appeal against a judgment of the High Court in its appellate jurisdiction. He was convicted on numerous fraud related charges in the Magistrates Court and sentenced to 4 years imprisonment. When he appealed to the High Court, he was sentenced to 7 years imprisonment. He appealed against the High Court judgment and was granted leave.

[2] Rule 39 of the Court of Appeal Rules provides that an appellant may abandon his appeal by giving a written notice to the Registrar. 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).

[3] 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.

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

[5] As a result, we grant the appellant leave to abandon his appeal. The appeal is dismissed.

................................................................
Hon. Justice W. Calanchini
PRESIDENT, COURT OF APPEAL

..........................................
Hon. Justice S. Chandra
JUSTICE OF APPEAL

..........................................
Hon. Justice S. Fernando
JUSTICE OF APPEAL