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Singh v The State [2004] FJHC 463; HAA0069.2004L (17 September 2004)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. HAA0069 OF 2004L

NITIN NILESH SINGH

v.

THE STATE

Counsel: Mr. I. Khan for the Applicant
Mr. N. Nand for the State

Hearing & Ruling: 17 September 2004

EXTEMPORE RULING

The appellant in this matter appeals against conviction and sentence imposed by the Magistrates Court at Lautoka on the 4^th June 2004. The appellant pleaded guilty to 8 counts of obtaining money on forged documents, larceny of postal packet, forgery, uttering forged document and was sentenced by the Learned Magistrate to a total period of 2 years imprisonment. The appellant appealed against conviction and sentence.

The appellant submits and the State agrees that the Learned Magistrate did not comply with these provisions of section 28(1)(d) of the Constitution.

It is apparent from the record that the Learned Magistrate did not advise the appellant in accordance with that provision and accordingly the appeal is allowed, the conviction and sentence is quashed and the matter is remitted for retrial before another magistrate on 1^st October 2004.

JOHN CONNORS
JUDGE

At Lautoka
17 September 2004