Tabusi v State [2015] FJCA 124; AAU108.2013 (13 March 2015)

IN THE COURT OF APPEAL
[On Appeal from the High Court]

CRIMINAL APPEAL NO: AAU 108 OF 2013

BETWEEN:

VIKATOVE TABUSI
Appellant

AND:

THE STATE
Respondent

Coram : Goundar JA

Counsel : Mr. S.Waqainabete for the Appellant
Ms P. Madanavosa for the Respondent

Date of Hearing : 5 December 2014
Date of Ruling : 13 March 2015

RULING

[1] On 6 December 2010, the appellant was sentenced to 10 years' imprisonment for a spate of burglary and theft by the Magistrates' Court at Nadi. The learned Magistrate made that sentence consecutive with the appellant's pre existing sentence of 8 years' imprisonment that was imposed by the High Court on 10 September 2010 (see, State v Vikatore Tabeusi v State Cr. Case No.095/10Ltk).

[2] The appellant filed an untimely appeal against sentence in the High Court at Lautoka. That appeal was dismissed by the High Court without any reasons or formal order. Neither the appellant nor the State is able to assist this Court as to the date the appeal was dismissed by the High Court.

[3] On 4 October 2013, the appellant filed a Notice of Appeal against the dismissal of his appeal by the High Court. His right of appeal is governed by section 22(1) of the Court of Appeal Act, Cap. 12. In Joseph Benjamin Rogers v State Criminal Appeal No. AAU0072 of 2014 I held that once an appeal is called in court either for mention or hearing, there is no power to summarily dismiss the appeal. In that case, I also said at para. 10 that whether the High Court has power to summarily dismiss an appeal without any reasons is a question of law alone.

Result

[4] I grant an extension of time to appeal. The appellant may proceed with his appeal.

Hon. Mr. Justice D. Goundar
JUSTICE OF APPEAL

Solicitors:
Office of the Director, Legal Aid Commission for the Appellant
Office of the Director of Public Prosecutions for the Respondent