Donu v State [2002] FJCA 29; AAU0026E.2001S (22 January 2002)

IN THE COURT OF APPEAL, FIJI AT SUVA

CRIMINAL APPEAL NO. AAU0026/2001S
(High Court Criminal Appeal No. HAA076 & 77/99

BETWEEN:

JEREMAIA DONU
Appellant

AND:

THE STATE
Respondent

APPEAL AGAINST SENTENCE

1. The appellant was sentenced to an effective term of 8 years imprisonment in the Magistrates’ Court for robbery with violence and other charges. The High Court dismissed his appeal against sentence.
   
2. The appellant has brought a further appeal to this Court against his sentence. A second appeal is possible only where the ground of appeal involves solely a question of law - Court of Appeal Act s.22(1).
   
3. The appellant’s Notice of Appeal does not involve any question of law. Accordingly, since the appeal is bound to fail because there is no right of appeal and no right to seek leave to appeal, acting under s.35 of the Court of Appeal Act, as amended, I dismiss the appeal.
   

Dated at Suva this 22 January 2002.

Thomas Eichelbaum
Justice of Appeal