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Atani v State [2017] FJCA 41; AAU88.2015 (31 March 2017)

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

CRIMINAL APPEAL AAU 88 OF 2015
(High Court HAC 16 of 2015)
(EJC 4 of 2013)

BETWEEN:

JOSEFA ATANI
AUTIKO NAVUDA
Appellants

AND:

THE STATE
Respondent

Coram : Calanchini P
Guneratne JA
Bandara JA

Counsel: Mr M Yunus for the First Appellant
Second Appellant in person
Mr. M. Korovou for the Respondent

Date of Hearing: 13 February 2017
Date of Ruling : 31 March 2017

RULING

[1] These are withdrawal applications filed by the Appellants on 11 May 2016 and 15 July 2016 respectively.

[2] The Appellants together with one other (Antonio Epi whose appeal was dismissed on 26 February 2016 on an application to abandon the appeal) appeared in the Magistrates Court at Sigatoka on a charge of aggravated robbery contrary to section 311(1)(a) of the Crimes Decree 2009. This was under the extended jurisdiction of the High Court exercised by the Magistrates Court pursuant to section 4(2) of the Criminal Procedure Decree 2009.

[3] The Appellants were subsequently convicted and sentenced to a term of imprisonment of 3 years with 2 years non-parole and 2 years with 18 months non-parole respectively.

[4] On 29 July 2015 the Appellants filed a joint notice of appeal against sentence. Subsequently the Appellants applied under Rule 39 of the Court of Appeal Rules by notices dated 11 May 2016 and 15 July 2016 for leave to abandon their appeals.

[5] In accordance with the decision of the Supreme Court in Masirewa –v- The State (CAV 14 of 2008; 17 August 2010) their applications to abandon their appeals were listed for hearing before the Court of Appeal. The Appellants confirmed that their decisions to abandon their appeals were made voluntarily. They also confirmed that they had received legal advice and understood the consequences in the event that their applications were granted.

[6] Under the circumstances the applications to abandon the appeals against sentence are granted and the appeals are dismissed

Order:
Appeals against sentence are dismissed.

_________________________________
Hon Mr Justice Calanchini
President, Court of Appeal

_________________________________
Hon Mr Justice Guneratne
Justice of Appeal

_________________________________
Hon Mr Justice Bandara
Justice of Appeal