Vodo v State [2015] FJCA 58; AAU0036.2010 (28 May 2015)

IN THE COURT OF APPEAL
APPELLATE JURISDICTION

CRIMINAL APPEAL No.AAU 0036 of 2010
High Court Criminal Case No. HAC 84 of 2009)

BETWEEN:

VILIAME VODO
Appellant

AND:

THE STATE
Respondent

Coram : Chandra JA
Basnayake JA
Lecamwasam JA

Counsel : Mr. M. Yunus for the Appellant
Mr. S. Vodokisolomone for the Respondent

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

RULING

[1] The appellant in this case seeks leave to abandon his appeal. The appellant had filed a notice dated 23 March 2015 stating that he does not intend to prosecute his appeal. Mr. Jeremaia Savou had counter signed the motion as counsel for the appellant.

[2] The appellant was convicted after trial on two counts of rape and one count of the offence of incest contrary to sections 149 and 178 respectively of the Penal Code, Cap 17. The appellant had pleaded guilty to one count of the offence of indecent assault. The appellant was sentenced to 15 years each on the counts of rape and 14 years for incest. He was also sentenced to 3 years imprisonment on the count of indecent assault. The sentences were to run concurrently.

[3] The appellant appealed against the convictions and the sentences. When leave to appeal was taken up for hearing the appellant moved to withdraw his appeal. The appellant had also submitted a letter to the Registrar of the Court of Appeal moving to withdraw his appeal. As a result the application was transmitted to the Court of Appeal for consideration pursuant to Rule 39 of the Court of Appeal Rules.

[4] When this case was listed before the Full Court the appellant was represented by counsel. The learned counsel informed court that the move to withdraw this appeal was by the appellant whose decision was voluntary and without the use of any pressure from anyone. The appellant confirmed this position. The appellant was warned by court that in the event of allowing this application that the appeal would be dismissed and the appellant would not be able to revive this appeal again. The appellant understood the consequences of abandonment.

[5] Being satisfied that there was no inducement or pressure on the appellant to abandon this appeal and the fact that the move to abandon the appeal was made voluntarily by the appellant the application to withdraw the appeal is allowed. The appeal is thus dismissed.

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Hon. Justice S. Chandra
Justice of Appeal

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Hon. Justice E. Basnayake
Justice of Appeal

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Hon. Justice S. Lecamwasam
Justice of Appeal