Ravouvou v State [2018] FJCA 186; AAU23.2017 (29 October 2018)

IN THE COURT OF APPEAL, FIJI
ON APPEAL FROM THE MAGISTRATES COURT
Exercising extended jurisdiction

CRIMINAL APPEAL AAU 23 OF 2017
(Magistrates Court No: 14 of 2013 at Suva)
.

BETWEEN:

VILIVE RAVOUVOU
Appellant

AND:

THE STATE
Respondent

Coram :Calanchini P
Chandra JA

Counsel: Appellant in person
Mr R Kumar for the Respondent

Date of Hearing: 27 September 2018
Date of Ruling : 29 October 2018

RULING

Calanchini P

[1] Following the trial in the Magistrates Court at Suva exercising the extended jurisdiction of the High Court the appellant along with one other (Sailosi Naivalulevu) were each convicted on one count of aggravated burglary and one count of theft. On 4 April 2016 the appellant and the co-offender were each sentenced to 2 years imprisonment.

[2] The Appellant subsequently filed a notice of appeal against sentence that was out of time by about 10 months. On 6 June 2018 the Appellant filed an application to abandon his appeal against sentence pursuant to Rule 39 of the Court of Appeal Rules.

[3] In accordance with the decision of the Supreme Court in Masirewa –v- The State (CAV 14 of 2008; 17 August 2010) the application to abandon the appeal was listed for hearing before the Court of Appeal. At the hearing the appellant confirmed that his decision to abandon the appeal was made voluntarily. He confirmed that although he had not received legal advice he understood the consequences in the event that his application were granted.

[4] Under the circumstances the application to abandon the appeal against sentence is granted and the appeal is dismissed.

Chandra JA

[5] I agree.

Order:

Appeal against sentence is dismissed.

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

_________________________________
Hon Mr Justice S Chandra
JUSTICE OF APPEAL