Gaunalagilagi v State [2014] FJCA 7; AAU0007.2011 (18 February 2014)

IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT

CRIMINAL APPEAL NO: AAU 0007 of 2011
(High Court Criminal Case No: HAC204 of 2010)

BETWEEN:

AKEA GAUNALAGILAGI
Appellant

AND:

THE STATE
Respondent

Coram : Basnayake JA
Goundar JA

Counsel : Appellant in person
Mr. L. Fotofili 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 24 November 2010, the appellant was sentenced to 46 months' imprisonment for two counts of aggravated robbery by the Magistrates'Court exercising extended jurisdiction. On 28 November 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 in a few months time.

[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