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Dela v The State [2004] FJHC 450; HAA0078.2004L (13 August 2004)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
APPELLANT JURISDICTION

CRIMINAL APPEAL NO. HAA0078 OF 2004L

AMENA DELA

V

THE STATE

Appellant in Person
Mr. N. Nand for the State

RULING

The appellant seeks leave to appeal with respect to the conviction and sentence imposed by the Learned Magistrate at Ba on the 9^th of September 2002.

The accused pleaded guilty before the Learned Magistrate with respect to 6 counts of Robbery with Violence and was sentenced to 7 years imprisonment.

Section 310 of the Criminal Procedure Code provides for the appeal to be lodged within 28 days of the date of the decision appealed against.

As is detailed, the above conviction and sentence was imposed by the Learned Magistrate on the 9^th of September 2002.

The appellant did not lodge his appeal until the 8^th of September 2003, some 12 months later.

Without going into detail, it is noted that the appellant pleaded guilty before the Magistrate and the court record shows the charges were read and understood by the accused. The Learned Magistrate took into account the plea of guilty when imposing the penalty. The accused has prior convictions for similar offences. The penalty imposed by the Magistrate, is certainly in the range and not such as would be upset on appeal should leave be granted.

In considering the granting of leave, it is necessary to consider the explanation offered as to the delay and the prospects of success of the appeal.

As indicated, I did not consider the appeal has great prospects and the appellant has not satisfied me as to the reason for the delay of 12 months in lodging the appeal and accordingly, leave is refused.

JOHN CONNORS
JUDGE

AT LAUTOKA
13 AUGUST 2004