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

  Download original PDF

Qoro v State [2019] FJCA 119; AAU50.2016 (27 June 2019)

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

CRIMINAL APPEAL NO. AAU 50 OF 2016
(High Court HAC No: 193B of 2015)

BETWEEN:

PONIPATE QORO
Appellant

AND :

THE STATE
Respondent

Coram : Calanchini P

Chandra JA

Counsel: Ms S Ratu for the Appellant

Mr Shah for the Respondent

Date of Hearing : 22 May 2019
Date of Ruling : 27 June 2019

RULING

Calanchini P

[1] The appellant was convicted on his plea of guilty on two counts of rape by the High Court at Lautoka. On 11 April 2016 the appellant was sentenced to 11 years 8 months imprisonment with a non-parole term of 9 years.

[2] The Appellant subsequently filed a timely notice of appeal against sentence. On 31 December 2018 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 he had received legal advice and that he understood the consequences in the event that his application were granted.

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

Chandra JA

[5] I agree.

Order:

Appeal against sentence is dismissed.

____________________________________

Hon Mr Justice W D Calanchini

PRESIDENT, COURT OF APPEAL

____________________________________

Hon Mr Justice S Chandra

JUSTICE OF APPEAL