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State v Sova [2000] FJHC 177; Criminal Appeal 50.2000 (31 July 2000)

IN THE HIGH COURT OF FIJI
AT SUVA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 50 OF 2000
(Suva Mag. Ct. Crim. Case No. 1002/00)

BETWEEN:

THE STATE
Appellant

AND:

SEVECI SOVA
Respondent

Miss Asishna Prasad for State
Mr. Graham Leung for Respondent

ORDER OF DISMISSAL

The appellant has applied for discontinuance of the appeal herein.

The respondent was on his own plea on 27 April 2000 convicted and sentenced to 18 months’ imprisonment suspended for 3 years for the offence of larceny by servant.

The appellant appealed stating that the sentence was wrong in principle and manifestly lenient.

While seeking leave to discontinue the learned counsel for the State stated that the respondent’s whereabouts is not known. Also, that he has been in custody for 14 days and that is sufficient punishment taking into account the suspended sentence.

The learned counsel or the Respondent had no comment to make.

In the circumstances leave to discontinue is granted.

The appeal is dismissed.

D. Pathik
Judge

At Suva
31 July 2000