Nand v State [2012] FJCA 83; AAU0015.2009 (12 November 2012)

IN THE COURT OF APPEAL, FIJI
APPELLATE JURISDICTION

CRIMINAL APPEAL NO.AAU0015 OF 2009
[High Court Criminal Action No. HAC043 of 2008]

BETWEEN:

DASWA NAND
Appellant

AND:

THE STATE
Respondent

Counsel: Appellant in Person
Ms. P. Madanavosa for the Respondent

Date of Hearing : 8 November, 2012
Date of Ruling : 12 November, 2012

RULING

1. The Appellant was charged for Attempted Murder contrary to Section 214(b) of the Penal Code.
   
2. The learned High Court Judge convicted the Appellant and sentenced him to 11 years imprisonment.
   
3. The Appellant filed an application for leave to appeal against conviction and sentence.
   
4. When the Appellant's application was taken up for hearing on 8th November 2012, the Appellant made an application to withdraw his appeal. State Counsel did not object to the application for withdrawal.
   
5. 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 be made before the full court.
   
6. Therefore I direct that this case be placed in the list to be heard by the full court.
   

Suresh Chandra
Resident Justice of Appeal