Chand v State [2012] FJCA 104; AAU0057.2010 (12 December 2012)

IN THE COURT OF APPEAL, FIJI
APPELLATE JURISDICTION

CRIMINAL APPEAL NO.AAU0057 OF 2010
[High Court Criminal Action No. HAC 420 of 2010]

BETWEEN :

RONALD RITESH CHAND
Appellant

AND :

THE STATE
Respondent

Coram : Chandra RJA
Counsel : Appellant in Person
Mr M Korovou for the Respondent

Date of Hearing : 5 December 2012
Date of Ruling : 12 December 2012

RULING

1. This is an application for leave to appeal against conviction and sentence.
   
2. The Appellant was charged for cultivating Indian hemp.
   
3. The Appellant was convicted after trial by the Lautoka High Court by a unanimous guilty verdict and sentenced on 9th July 2010 to Eight and a half years with a minimum term of five and a half years.
   
4. The Appellant has appealed against his conviction and sentence.
   
5. When the case was taken up for re-hearing on 5th December 2012, the Appellant moved to withdraw his appeal 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