Tilalevu v State [2012] FJCA 103; AAU0053.2010 (12 December 2012)

IN THE COURT OF APPEAL, FIJI
APPELLATE JURISDICTION

CRIMINAL APPEAL NO.AAU0053 OF 2010
[High Court Criminal Action No.HAC 81 of 2010]

BETWEEN :

1. VILIKESA TILALEVU
2. SAVENACA MATAKI
Appellants

AND :

THE STATE
Respondent

Coram : Chandra RJA

Counsel : Appellants in Person
Mr M Korovou for the Respondent

Date of Hearing : 4 November 2012
Date of Ruling : 12 December 2012

RULING

1. These are applications for leave to appeal against sentence on the ground that they are harsh and excessive, which applications were taken up together.
   
2. The Appellants were charged for the count of Aggravated Robbery contrary to section 311(1) of the Crimes Decree No.44 of 2009 respectively.
   
3. The Appellants pleaded guilty and were convicted and sentenced on 20th July 2010 to Seven years imprisonment with a non-parole period of four years respectively.
   
4. The Appellants have appealed against their sentence.
   
5. When the case was taken up for re-hearing on 6th December 2012, the Appellants moved to withdraw their respective appeals and the Counsel for the State had no objection to the same.
   
6. A single Judge of the Court of Appeal has no jurisdiction to decide on an application to withdraw an appeal. In terms of Rule 39 of the Court of Appeal Rules, the single Judge should direct the application for withdrawal to the made before the Full Court.
   
7. Therefore I direct that this case be placed in the list of cases to be heard before the Full Court.
   

Suresh Chandra
Resident Justice of Appeal