Michael v State [1999] FJCA 3; AAU0003d.97s (19 January 1999)

Fiji Islands - Michael v The State - Pacific Law Materials

IN THE COURT OF APPEAL, FIJI

AT SUVA

CRIMINAL APPEAL NO. AAU0003 OF 1997S
(Lautoka High Court Criminal Appeal No. 10 of 1997L)

BETWEEN:

:

NARENDRA MICHAEL
(f/n Michael Raghwan)

MAIKELI NAROQOKIr> Appellants

AND:

THE STATE
Respondepondent

Dismissal of 2nd appeal by a Single Judge
under Section 35(2) of the Court of Appea
[as amended by Section 10
of the Court of Appeal (Amendment) Act 1998]<

Both Appellants (along with others) were convicted and sentenced by the Magistrates' Court at Lautoka for the offence of Robbery with Violence. Both were sentenced to 5 years' imprisonment. Both appealed to the High Court at Lautoka against conviction and sentence.

The appeals of both Appellants were dismissed by the High Court at Lautoka by Lyons J. on 23 May 1997. Both Appellants have now appealed to this Court against conviction and sentence. This is therefore their 2nd appeal. These appeals are governed by Section 22 of the Court of Appeal Act as amended by Section 4 of the Court of Appeal (Amendment) (No. 2) Act 1998.

I certify that I have perused the individual grounds of appeal of each Appellant and have considered their individual written submissions. I have also considered the submissions made by the office of the Director of Public Prosecutions. I am satisfied that these appeals have been lodged without any just cause whatsoever in that no question of law only has been raised in respect of either conviction or sentence and that the sentences were neither unlawful ones nor passed in consequence of any error of law. These appeals are therefore bound to fail as there is no right of appeal in either case. Indeed the appeals can be characterised as frivolous and vexatious.

The appeal by the 1st Appellant Narendra Michael is therefore dismissed both against sentence and against conviction.

The appeal by the 2nd Appellant Maikeli Naroqokibau is also dismissed both against sentence and against conviction.

Dated at Suva this 19th day of January 1999.

Sir Moti Tikaram
President, Court of Appeal, Fiji

AAU0003D.97S