Irivi v State [2004] FJCA 22; AAU0004.2004S (18 March 2004)

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

CRIMINAL APPEAL NO. AAU0004 OF 2004S
(High Court Criminal Action No. HAA007 of 2003S)

BETWEEN:

BIU IRIVI
Appellant

AND:

THE STATE
Respondent

APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE

The applicant pleaded guilty in the Suva Magistrates Court to one charge of robbery with violence and one charge of unlawful use of a motor vehicle. One the first count he was sentenced to 3 years imprisonment and on the second to 6 months imprisonment the sentences to be served consecutively. He appealed to the High Court and his appeal was dismissed on the 1^st of May 2003. The applicant now seeks leave to appeal against sentence. The appeal does not raise any question of law and consequently does not come within the provisions of s. 22 of the Court of Appeal Act. Leave to appeal is accordingly declined.

Dated at Suva Thursday 18^th March, 2004

Justice Gallen, JA