Sorovanalagi v State [2014] FJCA 63; AAU0045.2012 (29 May 2014)

IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT

CRIMINAL APPEAL AAU0045 of 2012
(High Court HAR 006 of 2012)

BETWEEN:

ALIPATE SOROVANALAGI, WAISALE SALI
AND USAIA TADAU
Appellants

AND:

THE STATE
Respondent

Coram : Calanchini P
Malalgoda JA
Kumararatnam JA

Counsel : Appellants in person
Ms J Prasad for the Respondent

Date of Hearing : 16 May 2014
Date of Ruling : 29 May 2014

RULING

Calanchini P

[1] I agree that the appeals should be dismissed.

Malalgoda JA

[2] I agree with the reasoning of Kumararatnam JA.

Kumararatnam JA

[3] The Appellants had pleaded guilty to one charge of Robbery with Violence contrary to section 293(1) (b) the Penal Code Cap.17 and were convicted. On 31 May 2012, the First and Second Appellants were sentenced to 4 years imprisonment and the Third Appellant was sentenced to 3 ½ years imprisonment. The High Court declined to set a non-parole period due to delay. Subsequently they filed applications for leave to appeal against their sentences.

[4] When their applications for leave came before a single judge of the Court on 14 March 2014 the Appellants indicated that they wanted to abandon their appeal. The Appellants then filed their notice of abandonment of appeal on 08 April 2014.

[5] In accordance with the Supreme Court decision in Masirewa v The State (unreported CAV 14 of 2008; 17 August 2010) the learned Justice of Appeal referred the application to the Full Court for determination under Rule 39 of the Court of Appeal Rules.

[6] The First and Second Appellants submit that they are only 8 months away from their discharge and the Third Appellant submits that he is only 5 months away from his discharge. They confirmed that they wanted to abandon their appeals against sentence. They also confirmed that their applications had been made voluntarily and without any inducement. Under those circumstances the applications to abandon the appeals should be granted and the appeals dismissed.

Orders:
Appeals dismissed.

_______________________________________
HON. MR JUSTICE CALANCHINI
PRESIDENT, COURT OF APPEAL

_______________________________________
HON. MR JUSTICE MALALGODA
JUSTICE OF APPEAL

_______________________________________
HON. MR JUSTICE KUMARARATNAM
JUSTICE OF APPEAL