Tuigulagula v State [2015] FJCA 60; AAU0070.2011 (28 May 2015)

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

CRIMINAL APPEAL No. AAU 0070 of 2011
[High Court Case No. HAC 205 of 2012]

BETWEEN:

EMOSI TAKU TUIGULAGULA
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 Judgment : 28 May 2015

JUDGMENT

Chandra JA

[1] I agree with the reasoning and conclusion of Lecamwasam JA.

Lecamwasam JA

[2] The Appellant seeks leave to abandon his appeal against conviction and sentence. The appeal was filed after he was convicted and sentenced by the Lautoka High Court to 6 years imprisonment for act with intent to cause grievous bodily harm.

[3] Rule 39 of Court of Appeal rules provides that an appellant may abandon his appeal by giving a written notice to the Registrar. Upon receipt of such notice the appeal shall be deemed to have been dismissed by the Court of Appeal. When the Appellant is unrepresented the Court must exercise care to ensure that the decision to abandon is;

(i) Deliberate, intentional and without mistake; and

(ii) Informed and competent.

[4] In this case, the Appellant has filed a written Notice of Abandonment. He informed the Court that a decision to abandon his appeal is made freely and voluntarily, and without mistake and on his own volition.

[5] He told the Court that he understands that his decision to abandon the appeal will lead to the dismissal of the appeal.

[6] Hence I am of the view that this application should be allowed.

Basnayake JA

[7] I agree with the reasoning and conclusion of Lecamwasam JA.

The Orders of the Court are:

1. We grant the Appellant leave to abandon his appeal.
2. 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