Domoni v State [2019] FJCA 219; AAU52.2018 (25 October 2019)

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

CRIMINAL APPEAL NO. AAU 52 OF 2018
(Magistrates Court No: 1167 of 2015 at Suva)

BETWEEN:

PITA DOMONI
Appellant

AND:

THE STATE
Respondent

Coram: Calanchini P

Chandra JA

Counsel: Mr M Fesaitu for the Appellant

Ms W Elo for the Respondent

Date of Hearing: 2 October 2019
Date of Ruling : 25 October 2019

RULING

Calanchini P

[1] The appellant was convicted on his plea of guilty on counts of aggravated burglary and theft by the Magistrates Court at Suva exercising extended jurisdiction. On 4 January 2018 the appellant was sentenced to 4 years 10 months imprisonment with a non-parole term of 3 years.

[2] The Appellant subsequently filed a notice of appeal against conviction and sentence that was out of time by 4 months. On 25 June 2019 the Appellant filed an application to abandon his appeal against conviction and 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 he had received legal advice and that he understood the consequences in the event that his application were granted.

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

Chandra JA

[5] I agree.

Order:

Appeal against conviction and sentence is dismissed.

____________________________________
Hon Mr Justice W D Calanchini
PRESIDENT, COURT OF APPEAL

___________________________________
Hon Mr Justice S Chandra
JUSTICE OF APPEAL