Sorocala v State [2015] FJCA 67; AAU0119.2014 (28 May 2015)

IN THE COURT OF APPEAL
APPELLATE JURISDICTION

CRIMINAL APPEAL NO.AAU 0119 OF 2014
(High Court Criminal Case No. HAC 242 of 2010S)

BETWEEN:

NIUMAIA SOROCALA
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 : 19 May 2015
Date of Ruling : 28 May 2015

RULING

[1] This is an application for leave to abandon an appeal.

[2] The appellant was charged on two counts namely of having unlawful carnal knowledge of V.R. without her consent between 1 January and 31 December 2004 and having carnal knowledge of V.R. without her consent on 29 August 2010 contrary to sections 149 and 150 of the Penal Code, Cap17. He was convicted on his own plea and was sentenced on 15 June 2011 for 15 years each on both counts. The sentences were to run concurrently with a non-parole period of 11 years imprisonment.
[3] On 12 September 2014, that is more than two years after the conviction and the sentence the appellant had filed a notice of leave (out of time) against his conviction. However on 19 December 2014 the appellant had submitted a notice to the Registrar of the Court of Appeal moving to abandon his appeal.

[4] When this case was listed before the Full Court (Court of Appeal) in terms of Rule 39 of the Court of Appeal Rules, the appellant was present in court and was represented by counsel. The learned counsel informed court that the move to withdraw this appeal was made by the appellant whose decision was voluntary and without the use of any pressure from anyone. The appellant admitted that he has made an application to abandon his appeal. He stated that he made this decision on his own free will and without any pressure.

[5] 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 the abandonment.

[6] 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 against the conviction 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