Navunidakua v State [2014] FJCA 147; AAU100.2013 (9 September 2014)

IN THE COURT OF APPEAL
[ON APPEAL FROM THE HIGH COURT]

(Criminal Appeal No. AAU 100 of 2013)
(High Court Criminal Case No. HAC 146 of 2012)

BETWEEN:

SIVANIOLO NAVUNIDAKUA
Appellant

AND:

STATE
Respondent

Coram : Basnayake JA

Goundar JA

Counsel : Appellant in Person

Mr. L. Fotofili for the Respondent

Date of Hearing : 9 September 2014

Date of Judgment : 9 September 2014

JUDGMENT

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

[2] On 5 April 2013, the appellant was sentenced to a total term of 13 years imprisonment after he pleaded guilty to two counts of indecent assault, one count of attempted rape and one count of rape in the High Court at Suva. In the High Court, the appellant was represented by Legal Aid counsel.

[3] On 21 August 2013, the appellant filed an untimely appeal against sentence to this court. The appeal was filed in person by the appellant. The case was called before a single judge on 12 May 2014 for a direction hearing. The appellant sought time to engage a private counsel. Thereafter numerous adjournments were granted for the appellant to engage counsel.

[4] On 29 August 2014, the appellant filed a notice of abandonment of appeal. The notice was filed in person by the appellant. He told the court that he signed the notice and the decision to abandon the appeal was made freely and voluntarily, without mistake and with the understanding that his appeal will be dismissed. The proceedings were translated in I-Taukei language for the appellant.

[5] After hearing the appellant, the court feels satisfied that the decision to abandon the appeal was made freely, without mistake and with the full understanding of the consequences of abandoning the appeal.

[6] We grant leave to abandon the appeal. The appeal is dismissed.

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Hon. Justice E. Basnayake

JUSTICE OF APPEAL

......................................

Hon. Justice D. Goundar

JUSTICE OF APPEAL

Counsel:

Appellant in Person.
Office of the Director of Public Prosecutions for Respondent.