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Court of Appeal of Fiji |
IN THE COURT OF APPEAL, FIJI
[On Appeal from the High Court]
CRIMINAL APPEAL NO.AAU 0010 of 2018
[In the High Court at Suva Case No. HAC 335 of 2016]
BETWEEN :
SAULA VUNIVESI
Appellant
AND :
STATE
Respondent
Coram : Prematilaka, JA
Counsel : Appellant in person
: Ms. E. Rice for the Respondent
Date of Hearing : 23 June 2020
Date of Ruling : 29 June 2020
RULING
[1] The appellant had been indicted in the High Court of Suva on a single count of aggravated robbery contrary to section 311(1)(a) of the Crimes Decree, 2009 committed with another on 07 September 2016 at Suva upon property belonging to Ronald Rohitesh. The information read as follows.
Statement of Offence
AGGRAVATED ROBBERY: Contrary to Section 311 (1) (a) of the Crimes Decree No. 44 of 2009.
Particulars of Offence
SAULA VUNIVES0;&> w160;with another on thup>tsup>th day of Septembe6 in the Cene Central Division, stole cash in theof $1d 1 Samsung mobile phone valued at $300; all to the total value of $400, the prop property erty of RONAHITESH and >and imtely beforalstealing used fsed force on the said RONALD ROHITESH.
[2] On 24 October 2017, following a trial, tsessopressed a unanimous opinion of guilty against thet the appellant of having committed aggravggravated robbery. The learned High Court in his judgment delivered ered on 25 October 2017 had agreed with the assessors and convicted the appellant of aggravated robbery. He had been sentenced on 27 October 2017 to 13 years and 04 months of imprisonment with a non-parole period of 11 years and 04 months.
[3] The appellant being dissatisfied with the conviction and sentence had in person signed a timely application for leave to appeal against conviction and sentence on 02 November 2017. He had preferred additional grounds of appeal on 27 February 2019. The appellant had filed his written submissions on 25 May 2020. The respondent’s written submissions had been tendered on 22 June 2020.
[4] The test for leave to appeal is
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URL: http://www.paclii.org/fj/cases/FJCA/2020/112.html
