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

  Download original PDF

Narayan v State [2017] FJCA 153; AAU14.2017 (14 December 2017)

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

CRIMINAL APPEAL AAU 14 OF 2017
(High Court HAC 44 of 2016 at Lautoka)

BETWEEN:

SALESH NARAYAN
Appellant

AND:

THE STATE
Respondent

Coram : Calanchini P
Chandra JA

Counsel: Appellant in person
Mr M Vosawale for the Respondent

Date of Hearing: 20 November 2017
Date of Ruling : 14 December 2017

RULING

[1] The Appellant was convicted in the High Court at Lautoka on one count of criminal intimidation. He was sentenced on 4 August 2016 to 18 months imprisonment with a non-parole term of 1 year.

[2] The Appellant subsequently filed a notice of appeal against sentence that was out of time by about 3 months. On 4 July 2017 the Appellant filed an application to abandon his appeal against sentence pursuant to Rule 39 of the Court of Appeal Rules.

[3] In accordance with the decision of the Supreme Court in Masirewa –v- The State (CAV 14 of 2008; 17 August 2010) the application to abandon the appeal was listed for hearing before the Court of Appeal. At the hearing the appellant confirmed that his decision to abandon the appeal was made voluntarily. He confirmed that although he had not received legal advice he understood the consequences in the event that his application was granted.

[4] Under the circumstances the application to abandon the appeal against sentence is granted and the appeal is dismissed.

Orders:

Appeal against sentence is dismissed.

_________________________________
Hon Mr Justice Calanchini
President, Court of Appeal

_________________________________
Hon Mr Justice Chandra
Justice of Appeal