Naca v State [2014] FJCA 1; AAU0051.2011 (19 February 2014)

IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT

CRIMINAL APPEAL NO: AAU0051 of 2011
(High Court Criminal Case No: HAC 58 of 2009)

BETWEEN:

ILAISA NACA
Appellant

AND:

THE STATE
Respondent

Coram : Basnayake JA
Goundar JA

Counsel : Appellant in person
Mr. M. Korovou for the Respondent

Date of Hearing : 19 February 2014
Date of Judgment : 19 February 2014

JUDGMENT

[1] This is an application for abandonment of appeal.

[2] On 20 October 2010, the appellant was convicted and sentenced to 7 years' imprisonment for robbery with violence by the High Court. On 5 May 2011, an untimely Notice of Appeal against sentence was filed in the Registry. The appellant informs this Court that the Notice that was purported to be filed by him was in fact not filed by him. He thinks someone else has filed the appeal on his behalf without his knowledge. In any event, he wants to withdraw the appeal and he has advised the Court that he understands the appeal will be dismissed.

[3] After hearing the appellant, we are satisfied that the appellant has made the decision to abandon his appeal freely and with the full understanding of the consequences of his decision.

[4] We grant him leave and dismiss the appeal.

Hon. Justice E. Basnayake
JUSTICE OF APPEAL

Hon. Justice D. Goundar
JUSTICE OF APPEAL