Drelinavai v State [2014] FJCA 204; AAU0058.2014 (5 December 2014)

IN THE COURT OF APPEAL
[On appeal from the High Court]
CRIMINAL APPEAL NO. AAU0058 of 2014
[High Court Case No. HAC31/14S]

BETWEEN:

JOSUA DRELINAVAI
Appellant

AND:

THE STATE
Respondent

Coram : Goundar JA

Counsel : Mr. S. Waqainabete for the Appellant
Mr. L. Fotofili for the Respondent

Date of Hearing : 20 October 2014
Date of Ruling : 5 December 2014

RULING

[1] This is an application for leave to appeal against sentence.

[2] The appellant was convicted on his own guilty plea to a charge of act with intent to cause grievous harm and sentenced to 2 years' imprisonment with a non-parole period of 18 months by the High Court.

[3] The sole ground of appeal is that the learned High Court judge erred in law by making no allowance for the appellant's remand period in sentence. Counsel for the State concedes that this is an arguable ground. The appellant spent about four months in custody while on remand. When sentencing the appellant, the learned High Court judge made no allowance in the appellant's sentence to reflect his remand period.

[4] The appeal against sentence is arguable. Leave is granted.

Hon. Justice D. Goundar
JUSTICE OF APPEAL

Solicitors:
Office of the Director of Legal Aid Commission for Appellant
Office of the Director of Public Prosecutions for State