Tagivetaua v State [2015] FJCA 72; AAU40.2014 (28 May 2015)

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

CRIMINAL APPEAL NO. AAU 40 OF 2014
High Court CF 250 of 2010

BETWEEN:

VILIMONE TAGIVETAUA
Appellant

AND:

THE STATE
Respondent

Coram : Chandra JA
Basnayake JA
Lecamwasam JA

Counsel : Mr. S. Waqainabete for the Appellant
Mr. Y. Prasad for the Respondent

Date of Hearing : 19 May 2015
Date of Judgment : 28 May 2015

JUDGMENT

[1] The appellant seeks leave to abandon his appeal against the judgment of the High Court in its Appellate jurisdiction. He was convicted on his own guilty plea to charges of burglary, theft and sacrilege in the Magistrates Court at Taveuni and was sentenced to a total of 6 years imprisonment. His appeal to the High Court against sentence was refused.

[2] Rule 39 of the 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 (Jone Masirewa v State unreported Criminal Appeal CAV 14 of 2008, 17 August 2010).

[3] In this case, the appellant has filed a written notice of abandonment. He informed the Court that the decision to abandon his appeal is made freely and voluntarily, and without mistake.

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

[5] As a result, we grant the appellant leave to abandon his appeal. 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