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Christopher v The State [2004] FJHC 169; HAA0117.2004 (26 November 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
APPELLATE JURISDICTION

CRIMINAL APPEAL CASE NO.: HAA0117 OF 2004

BETWEEN:

FRED CHRISTOPHER
Appellant

AND:

STATE
Respondent

Counsel: Mr. W. Hiuare – for Appellant
Ms P. Madanavosa – for State

Hearing: 16th November, 2004
Judgment: 26th November, 2004

JUDGMENT ON APPEAL

Background

The appellant pleaded not guilty to a charge of careless driving but was convicted in his absence by formal proof. He appeals that conviction.

Decision

When the matter was called before me counsel for the Appellant and the State had an opportunity to thoroughly review the record. It was properly conceded by the State that there was indeed a mistake made on the dates required for the appellant’s appearance at a defended hearing. It was further conceded that there were significant deficiencies in the formal proof of the charge of careless use of a motor vehicle.

Accordingly for quite proper reasons the State conceded the appeal.

Conclusion

I accordingly grant the appeal. There will be no order as to costs. The matter is remitted back to the Magistrates Court for a full defended hearing. Mr. Christopher is to appear in the Magistrates Court at Suva for a call-over of this matter on Monday the 6th of December, 2004.

Gerard Winter
JUDGE

At Suva
26th November, 2004