Kalounivonu v State [2019] FJCA 51; AAU175.2016 (29 March 2019)

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

CRIMINAL APPEAL NO. AAU 175 OF 2016
(High Court HAC 116 of 2013
(Magistrates Court No: 331 of 2013 at Nasinu)

BETWEEN:

JOSEVATA KALOUNIVONU
Appellant

AND :

THE STATE
Respondent

Coram : Calanchini P

Chandra JA

Counsel: Mr M Fesaitu for the Appellant

Ms S Tivao for the Respondent

Date of Hearing: 18 February 2019
Date of Ruling : 29 March 2019

RULING

Calanchini P

[1] Following a trial in the Magistrates Court at Nasinu exercising extended jurisdiction the appellant was convicted on one count of attempted arson and on 18 November 2016 was sentenced to a term of imprisonment of 3 years with a non-parole term of 12 months.

[2] The Appellant subsequently filed a timely notice of appeal against conviction and sentence. On 22 November 2018 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 should be granted and the appeal should be 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