Rokoua v State [2014] FJCA 6; AAU0001.2011 (18 February 2014)

IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT

CRIMINAL APPEAL NO: AAU 0001 of 2011
(High Court Criminal Case No: HAR010 of 2010)

BETWEEN:

LAISENIA ROKOUA
Appellant

AND:

THE STATE
Respondent

Coram : Basnayake JA
Goundar JA

Counsel : Appellant in person
Mr. M. Delaney for the Respondent

Date of Hearing : 18 February 2014
Date of Judgment : 18 February 2014

JUDGMENT

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

[2] On 26 November 2010, the High Court at Labasa, under its revisionary powers, sentenced the appellant to 7 years' imprisonment for robbery with violence committed on a taxi driver. On 6 January 2011, he filed an untimely appeal against sentence.

[3] When this appeal was eventually listed for leave hearing, the appellant filed a notice of abandonment of appeal. He informed the Court that he is about to complete his sentence and is due for a release early next year.

[4] After hearing the appellant, we are satisfied that the appellant has made the decision to abandon his appeal freely and with the full understanding of the consequences of his decision.

[5] We grant him leave and dismiss the appeal.

Hon. Justice E. Basnayake
JUSTICE OF APPEAL

Hon. Justice D. Goundar
JUSTICE OF APPEAL