Christopher v State [2012] FJCA 107; AAU0108.2010 (12 December 2012)

IN THE COURT OF APPEAL, FIJI
APPELLATE JURISDICTION

CRIMINAL APPEAL NO.AAU0108 OF 2010
[High Court Criminal Action No. HAA 48 of 2008]

BETWEEN :

JOSEPH CHRISTOPHER
Appellant

AND :

THE STATE
Respondent

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

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

RULING

1. This is an application for leave to appeal against conviction.
   
2. The Appellant was charged for the count of Robbery with violence contrary to section 293(1) of the Penal Code. Cap.17.
   
3. The Appellant was found guilty after trial in the Magistrate's Court Nadi,convicted and sentenced to 10 years imprisonment with 4 strokes of punishment.
   
4. The Appellant appealed against the conviction to the High Court and the decision of the Magistrate's Court was upheld but quashed the 4 strokes punishment ordered by the learned Magistrate.
   
5. When the case was taken up for re-hearing on 12th November 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