Brown v State [2016] FJCA 179; AAU139.2015 (19 December 2016)

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

CRIMINAL APPEAL AAU 139 OF 2015
(High Court HAM 29 of 2015[Labasa])

BETWEEN:

DAVID JOSAIAH BROWN
Appellant

AND:

THE STATE
Respondent

Coram: Calanchini P
Guneratne JA
Prematilaka JA
Counsel: Mr J Savou for the Appellant
Mr L Fotofili for the Respondent

Date of Hearing: 18 November 2016
Date of Ruling: 19 December 2016

RULING

[1] The Appellant applied for leave to appeal the decision of the High Court refusing bail pending trial. The application was made pursuant to section 21(3) of the Court of Appeal Act and was dated 23 October 2015.

[2] By notice dated 4 March 2016 the Appellant sought leave to abandon his appeal pursuant to Rule 39 of the Court of Appeal Rules (the Rules).

[3] When the application was called on for hearing Counsel for the Appellant informed the Court that the Appellant’s trial had now been completed and that the appeal was no longer on foot.

[4] As a result the application is granted and the appeal is dismissed.

Orders:
Appeal under section 21(3) of the Court of Appeal Act is dismissed.

____________________
Hon. Mr. Justice W. D. Calanchini
PRESIDENT, COURT OF APPEAL

_____________________
Hon. Justice Guneratne
JUSTICE OF APPEAL

_________________________
Hon. Mr. Justice Prematilaka
JUSTICE OF APPEAL