Tamani v State [2004] FJCA 21; AAU0025.2003S (18 March 2004)

IN THE COURT OF APPEAL, FIJI ISLANDS
ON APPEAL FROM THE HIGH COURT OF FIJI

CRIMINAL APPEAL NO. AAU0025 OF 2003S
(High Court Criminal Action No. HAC007 of 2003)

BETWEEN:

VILIAME TAMANI
Appellant

AND:

THE STATE
Respondent

APPLICATION FOR BAIL PENDING APPEAL

[1] The applicant pleaded guilty in the Magistrates’ Court to nine counts of indecent assault, rape and carnal knowledge. In each case, the complainant was the applicant's daughter. He was committed to the High Court for sentence. On 4, June 2003 Shameem J sentenced him to eleven years imprisonment on the charge of rape, two years imprisonment on the charge of indecent assault and three years imprisonment on the charges of carnal knowledge of his daughter, all the sentences to be concurrent.

[2] On 17, November 2003 the applicant filed an application to extend the time to appeal against his conviction and sentence and he also sought bail pending the appeal. In a decision dated 24, November 2003 I extended the time to apply for leave to appeal and recommended the legal aid be granted. The application for bail was declined.

[3] By a letter dated 21, January 2004 the applicant has again applied to be granted bail pending the hearing of the appeal. I have considered the reasons he sets out in support of the application. I do not find any of these reasons sufficient to justify the Court from departing from its normal practice that where the person has been convicted of a serious offence, is sentenced to a significant period of imprisonment and then appeals, bail pending the hearing of the appeal should be refused save in exceptional circumstances. Other reasons for declining bail in this case are that the offences involve the applicant's daughter, an immediate member of his family, who may well be at risk if bail were granted.

[4] The application for bail is refused.

Dated at Suva this 18^th day of March 2004

Tompkins JA