Hakim v State [2014] FJCA 32; AAU0032.2012 (14 March 2014)

IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT

CRIMINAL APPEAL NO: AAU0032 OF 2012
(High Court Criminal Case No.HAM 61of 2012)

BETWEEN:

MOHAMMED MUSTAFA HAKIM
Appellant

AND:

THE STATE
Respondent

BEFORE : Hon. Justice Daniel Goundar
Counsel : No appearance for the Appellant
Mr. M. Delaney for the Respondent

Date of Hearing : 14 March 2014
Date of Judgment : 14 March 2014

RULING

[1] The appellant was charged with one count of rape in the High Court at Suva. He applied for bail pending appeal but that application was refused by the High Court. On 15 May 2012, the appellant filed an appeal against the refusal of bail pending trial by the High Court to this Court.

[2] While the appeal was pending for hearing, the appellant was tried and acquitted of the rape charge by the High Court. In these circumstances, Counsel for the State submits that the appeal is redundant. I agree. The appeal is frivolous in a sense that it has a little prospect of success.

[3] The appeal is dismissed under Section 35(2) of the Court of Appeal Act.

.................................
Hon. Justice D. Goundar
JUDGE