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Kaloumaira v State [2007] FJHC 79; HAM097D.07S (29 November 2007)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

Misc. Case No: HAM 97 of 2007

Between:

WAISEA KALOUMAIRA
Applicant

And:

THE STATE
Respondent

Hearing: 27th November 2007
Ruling: 29th November 2007

Counsel: Applicant in person
Ms L. Lagilevu for State

RULING

The Applicant applies for bail pending appeal. He was convicted of larceny on the 7th of November 2007 and sentenced on the 12th of November to 9 months imprisonment. The court record has not been prepared as yet but the Applicant pleaded guilty and his only ground of appeal will be that the sentence is harsh and excessive.

At the hearing of this application the Applicant said that if he was given time (and bail) he could raise the money stolen ($800) and repay the complainant. He said that he knew the complainant personally.

The State objects to bail on the ground that the appeal was not likely to succeed, the sentence was within the tariff for larceny and the Appellant’s appeal was likely to be heard when he had served only a small portion of his term of imprisonment.

The principles governing bail pending appeal are that the Applicant must show either that his appeal is likely to succeed or that a substantial portion of his term of imprisonment is likely to be served when the appeal is heard. He may also raise other exceptional grounds.

In this case the Applicant has not shown any of these grounds. He has now served only 3 weeks of his 9 month term and if his appeal is heard in January, will only have served less than 3 months of it. The sentence does not appear to be obviously wrong in principle although of course the merits of the appeal are hard to assess without the court record. There are no other exceptional grounds to justify the grant of bail pending appeal. Bail is refused.

Nazhat Shameem
JUDGE

At Suva
29th November 2007