Vueti v State [2014] FJCA 51; AAU20.2012 (15 April 2014)

IN THE COURT OF APPEAL
On appeal From the Magistrates' Court

CRIMINAL APPEAL NO. AAU0020 OF 2012
Magistrates' Court Case No. 173 of 2012

BETWEEN:

JIMILAI VUETI
Appellant

AND:

THE STATE
Respondent

Coram : Goundar JA

Counsel : Appellant in Person
Mr. L. Fotofili for the Respondent

Date of Hearing : 26 March 2014
Date of Ruling : 15 April 2014

RULING

[1] This is an appeal against sentence imposed in the Magistrates' Court. The State submits that the appellant has no right of appeal in this Court without first exhausting his right of appeal in the High Court.

[2] The appellant was charged with one count each of burglary and theft. The charge of burglary was brought contrary to section 312(1) of the Crimes Decree, while the charge of theft was brought contrary to section 291(1) of the Crimes Decree. Theft is a summary offence, while burglary is an indictable offence triable summarily. On 17 February 2012, the appellant elected to be tried in the Magistrates' Court. He pleaded guilty to the charges and on 16 March 2012, he was sentenced to a total term of three years' imprisonment for both offences.

[3] By a letter dated 2 April 2012, the appellant filed an appeal against sentence in the High Court at Lautoka. The Department of Corrections instead of forwarding that letter to the High Court Registry, forwarded it to the Court of Appeal Registry. The Court of Appeal Registry accepted the Notice and opened an appeal file.

[4] I accept the State's submission that the appellant's right of appeal lies with the High Court and not with the Court of Appeal. However, the mistake in filing the Notice of Appeal at the wrong registry cannot be attributed to the appellant.

[5] In these circumstances, it would be unfair to dismiss the appeal for want of jurisdiction. The appellant filed a timely appeal in the High Court and that appeal should now be heard expeditiously in the High Court.

Result
[6] This case is transferred to the High Court at Lautoka for hearing of the appeal. The case is listed for mention in the High Court at Lautoka on 28 April 2014 at 9.30 am to fix a hearing date.

Hon. Justice D. Goundar
JUSTICE OF APPEAL