Kean v State [2009] FJCA 18; AAU0095.2008 (13 October 2009)

IN THE COURT OF APPEAL, FIJI ISLANDS
AT SUVA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO: AAU 0095/2008
(HIGH COURT CRIMINAL ACTION NO: HAC 118/07)

BETWEEN:

GUSTON KEAN
Appellant

AND:

THE STATE
Respondent

Coram: Hon. Mr Justice Devendra Pathik
Judge of Appeal

Counsel: Appellant in Person
Mr Bulamanaivalu for the Respondent

Hearing: 13 October 2009
Date of Ruling: 13 October 2009

RULING

Application for Leave to Appeal against Conviction & Sentence

[1] The appellant Guston Kean has applied for leave to appeal against conviction and sentence.

[2] On 10 September 2008 in the High Court at Suva the appellant was convicted for the offence of robbery with violence and sentenced to imprisonment for 14 years.

[3] The appellant’s Amended Grounds of Appeal are as follows:-

"1. That the learned trial Judge erred in law and fact when his Lordship did not deliver a written ruling entered against the admissibility of the disputed photocopy caution and charge interview statements of the voire-dire.

2. That the learned trial Judge erred in law and in fact when his Lordship wrongly admitted evidence of photo-copy caution and charge interview statements.

3. That the learned trial Judge erred in law and fact when his Lordship denied and adjournment for time to find counsel from Legal Aid Commission Board.

4. That the learned trial Judge was bias and swayed before, during and after the guilty verdict and based on the above grounds of appeal, I pray that the conviction be set aside and this matter be remitted to the High Court for trial."

[4] On 13 October 2009 after Amended Grounds of Appeal were filed by the appellant the matter was put before me for hearing of the application.

[5] On the day of the hearing of the application the respondent conceded that Ground 2 of the Amended Notice of Application of 8 September 2009 does involve a question of law but he does not make any concession on Grounds 1, 3 & 4.

[6] The appellant withdrew Ground 4 but says that he wants to be heard on Grounds 1, & 3.

[7] After hearing counsel for the respondent and the appellant I rule that leave be granted the appellant for his appeal to be heard by the Full Court for as conceded by the respondent question of law is involved in Ground 2. The other Grounds could also be heard along with Ground 2 in case there are peripheral matters touching on Ground 2.

[8] For the above reasons leave to appeal against conviction and sentence is allowed to be heard by the Full Court of Court of Appeal.

[9] Adjourned to call over day to fix a hearing date for the appeal.

Dated at Suva on 13th day of October 2009.

D. Pathik
Judge of Appeal