Rabuaqali v State [2019] FJCA 228; AAU143.2017 (25 October 2019)

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

CRIMINAL APPEAL NO. AAU 143 OF 2017
(Magistrates Court No: 170 and 171 of 2017 at Rakiraki)

BETWEEN:

LAITIA RABUAQALI
Appellant

AND :

THE STATE
Respondent

Coram : Calanchini P

Chandra JA

Counsel: Ms V Narara 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 2 counts of aggravated burglary and 2 counts of theft by the Magistrates Court at Rakiraki exercising extended jurisdiction. The appellant was sentenced to 24 months imprisonment for those offences and a further term of 10 months in respect of a suspended sentence imposed earlier.

[2] The Appellant subsequently filed a timely notice of appeal against sentence. On 11 July 2019 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 he had received legal advice and that he understood the consequences in the event that his application were granted. He informed the Court that he had been advised that his proposed discharge date is 29 February 2020.

[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