Tikoitoga v State [2014] FJCA 105; AAU.36.2014 (15 July 2014)

IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT

CRIMINAL APPEAL AAU 36 of 2014
(High Court HAM 42 of 2014)

BETWEEN:

SUKULU TIKOITOGA
Appellant

AND:

THE STATE
Respondent

Coram: Calanchini P

Counsel: Appellant in person
Mr M Korovou for the Respondent

Date of Hearing: 25 June 2014
Date of Ruling: 15 July 2014

RULING

[1] The Appellant was convicted on 17 December 2013 on one count of disorderly conduct in a police station and one count of indecently annoying. The Appellant had pleaded guilty and was sentenced to a term of imprisonment of 5 months on the same day. The sentence was ordered to be served consecutively with an existing sentence.

[2] By letter dated 1 January 2014 the Appellant applied to appeal to the High Court against sentence. The appeal has been heard. The Appellant has not at any time lodged an appeal in this Court. It would appear that his letter had been copied and in error arrived in the Court of appeal registry where a file was opened and the matter place in the list.

[3] There is no requirement for any order as the file has been opened in error and should now be closed.

Hon. Mr Justice W. D. Calanchini
President, Court of Appeal