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Radaveta v State [2017] FJHC 457; HAR09.2017 (28 June 2017)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
REVISIONAL JURISDICTION.

Judicial Review Case No. HAR 09 of 2017

JOSEVA RADAVETA

v

STATE

Date of Ruling: 28 June 2017

RULING

[1] The applicant applies for judicial review of the Commissioner of Correctional Service’s calculations on remission of his sentence.

[2] The Judicial Review procedure is not an appropriate manner to settle any grievance that the applicant has with respect to remission, the Commissioner’s administrative practices being “private” acts and not policy made for or in the interests of the public at large.

[3] The Supreme Court has nevertheless quite clearly set out the procedures that sentences should be subject to and it is for the Correctional Services to follow these procedures. A minimum sentence is to be served and from then on the prisoner will start to earn remission on the balance of the head sentence. (Rooqo CAV003/2010 and Tora CAV011/2015 refer).

[4] The application for leave to judicially review is refused.

P.K. Madigan
Judge.