Lata v State [2003] FJCA 40; AAU0014.2003S (21 August 2003)

IN THE COURT OF APPEAL, FIJI ISLANDS
AT SUVA

CRIMINAL APPEAL NO. AAU0014 OF 2003S
(High Court Criminal Appeal No. HAA058 OF 2001S

BETWEEN:

KAMAL LATA
Appellant

AND:

THE STATE
Respondent

APPLICATION FOR LEAVE TO APPEAL OUT OF TIME

1. Following pleas of guilty the applicant was sentenced in the Magistrates Court on 3 series of offences, encompassing false pretences (2 series of charges) and larceny. The effect of the sentences was an over all prison sentence of 34 months, which it appears was consecutive upon a term already being served.
   
2. The applicant appealed out of time to the High Court. That Court declined to extend the time for appealing and ruled that in any event the sentences were not excessive. Accordingly the appeals were dismissed.
   
3. In a document dated 14 May 2003 the applicant states that she wishes to lodge an appeal against the sentence imposed on her in the Magistrates Court but reading the document as a whole it can be interpreted as a purported appeal against the judgment of the High Court.
   
4. As such, the appeal is over a year out of time. The reasons given in explanation of the delay are inadequate.
   
5. Further, a second appeal can only be on a question of law. The applicant’s complaints relate to what she sees as the severity of the sentence. She does not raise any point of law.
   
6. Any appeal is bound to fail because there is no right of appeal. Accordingly, acting under s.35 of the Court of Appeal Act, as amended, I dismiss the appeal.
   

Dated at Suva this 21 August 2003

Thomas Eichelbaum
Justice of Appeal