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Qalijona v The State [2003] FJHC 232; HAM0048.2003 (30 December 2003)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

CRIMINAL MISC. CASE NO: HAM0048 OF 2003S

Between:

PENIASI QALIJONA
Applicant

And:

THE STATE
Respondent

Hearing: 29th December 2003
Ruling: 30th December 2003

Counsel: Applicant in Person
Mr. S. Qica for State

RULING

The Applicant applies for bail pending appeal. Under the provisions of the Bail Act 2002, the relevant principles are the merits of the appeal, the likely time before the appeal is heard and the proportion of sentence which will have been served when the appeal is heard.

Despite a written request for the court file (9th December 2003) the Magistrate Court has not sent me the record of the proceeding in the court below. I am therefore constrained to rely on the Applicant’s submissions and on State Counsel’s submissions from the Bar table.

I am told that the Applicant pleaded guilty on the 15th of October, 2003 to two counts of robbery with violence. The circumstances of the robberies are not known to me. He filed an appeal against sentence before the 11th of November, 2003 but was told (it appears erroneously) that his appeal was out of time.

He appeals on the basis that his sentences should have been ordered to run concurrently. He was sentenced to two consecutive sentences of 4 years on each count.

State Counsel opposed the application for bail on the ground that no exceptional grounds have been shown.

If the court record is prepared and sent to the High Court by January 2004, the Applicants appeal will be heard in February or March 2004. He will by than have served about 5 months of his 8 year term. This is not out of proportion to the total length of his sentence. Furthermore if his appeal succeeds his total term will be 4 years imprisonment. Whether or not his appeal succeeds, the Applicant is facing a long prison sentence. Clearly this is not a case for bail pending appeal.

For these reasons bail is refused.

Nazhat Shameem
JUDGE

At Suva
30th December 2003