Yao v State [2015] FJCA 56; AAU43.2013 (28 May 2015)

IN THE COURT OF APPEAL, FIJI
ON APPEAL FROM THE HIGH COURT

CRIMINAL APPEAL NO. AAU 43 OF 2013
High Court HAC 205 of 2012

BETWEEN

HILDA YAO
Appellant

AND

THE STATE
Respondent

Coram : Chandra JA
Basnayake JA
Lecamwasam JA

Counsel : Mr. G. O'Driscoll for the Appellant
Mr. N. Lajendra for the Respondent

Date of Hearing : 18 May 2015
Date of Judgment : 28 May 2015

JUDGMENT

[1] The Appellant was charged on an information filed before Suva Magistrate's Court by the Respondent for conducting the business of a Refreshment Bar without holding a valid licence contrary to Regulations 4(1), 13(1) and 16 of the Public Health (Hotels, Restaurant & Refreshment Bars) (Suva) Regulations, Cap.111.

[2] The Appellant was found guilty and the Magistrate's Court pursuant to section 190(b) of the Criminal Procedure Decree, 2009 transferred the case to the High Court for sentencing.

[3] The High Court imposed a fine of $ 27524.00, in default 24 months imprisonment.

[4] The Appellant appealed against the sentence imposed on him by notice of appeal dated 29th April 2013.

[5] A single Judge of the Court of Appeal granted leave to appeal by Ruling dated 29th May 2014.

[6] By notice dated 26th February 2015 the Appellant moved to discontinue the action and the Solicitors for the Respondent consented to same.

[7] When the case came up before Court on 18th May 2015, Counsel for the Appellant moved to discontinue the appeal and the Respondent's Counsel agreed that the fine had been paid.

[8] In view of the application of the Appellant to discontinue the appeal, the application to discontinue is allowed and the appeal is dismissed.

..........................................
Hon. Justice S. Chandra
JUSTICE OF APPEAL

.............................................
Hon. Justice E. Basnayake
JUSTICE OF APPEAL

.................................................
Hon. Justice S. Lecamwasam
JUSTICE OF APPEAL