Sharma v State [2012] FJCA 105; AAU0064.2010 (12 December 2012)

IN THE COURT OF APPEAL, FIJI
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. AAU0064 OF 2010
[High Court Criminal Action No. HAC 91 of 2009]

BETWEEN:

MAHENDRA SHARMA
Appellant

AND:

THE STATE
Respondent

Coram : Chandra RJA
Counsel : Appellant in Person
Mr S Vodakisolomone for the Respondent

Date of Hearing : 6 December 2012
Date of Ruling : 12 December 2012

RULING

1. This is an application for leave to appeal against sentence on the ground that it is harsh, excessive and oppressive.
   
2. The Appellant was charged for the count of Murder contrary to section 199 and 200 of the Penal Code Act 17.
   
3. The Appellant pleaded guilty and was convicted and sentenced on 12th August 2010 to life imprisonment with a non-parole period of 13 years.
   
4. The Appellant has appealed against his sentence.
   
5. When the case was taken up for re-hearing on 6th December 2012, the Appellant moved to withdraw his appeal and the Counsel for the State had no objection to 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