Singh v State [2025] FJCA 166; AAU102.2020 (28 November 2025)

IN THE COURT OF APPEAL, FIJI
On Appeal from the High Court of Fiji at Suva

CRIMINAL APPEAL AAU102/2020
High Court Criminal Case No. HAC 196/2019

BETWEEN:

SANJEET SINGH
Appellant

AND:

THE STATE
Respondent

Coram Qetaki RJA
Andrews JA

Andrée Wiltens JA

Counsel Ms L Ratidara and Ms S Devi, for the appellant

Ms U Ratukalou, for the respondent

Date of Hearing : 10 and 18 November 2025
Date of Deferment : 28 November 2025

RECORD OF DEFERMENT OF HEARING

[1] The appellant, Sanjeet Singh, was convicted on counts of rape and sexual assault in the High Court at Suva on 31 July 2020. On 24 August 2020, he was sentenced to life imprisonment, and ordered to serve a minimum term of imprisonment of 43 years and 11 months before being considered for release on parole. In a ruling issued on 8 June 2023, the appellant was given leave to appeal against sentence.
[2] The appellant is represented by Legal Aid counsel.
[3] The appeal was set down for hearing in the Court of Appeal, sitting in Ba, on 10 November 2025. When the appeal was called on that day, although counsel for the appellant and the respondent appeared, there was no appearance by the appellant (who is serving a term of imprisonment). The Court asked that enquiries be made by the Registry as to the reason for the appellant’s non-appearance. The Court was advised that the appellant had been produced at the Court of Appeal in Suva, not Ba.
[4] The appeal hearing was adjourned for hearing on 18 November 2025, in the Court of Appeal in Suva.
[5] When the appeal was called on 18 November 2025, there was, again, no appearance by the appellant. The Court was advised that a serving prisoner with the same name as the appellant had been produced at Court, but he was not the appellant.
[6] Furthermore, counsel for the appellant advised that the appellant had, the previous day, instructed her that he wished to appeal against conviction as well as against sentence.
[7] The appellant will be required to apply for leave to appeal against conviction. In the circumstances, although the Court would have been willing to defer the hearing of the appellant’s appeal against sentence to a later date within the current Court of Appeal session until the appellant could be produced, it was not appropriate to do so.
[8] Accordingly, the hearing of the appellant’s appeal against sentence is deferred until such time as his application for leave to appeal against conviction has been dealt with.

________________________________
Hon. Mr Justice Qetaki
RESIDENT JUSTICE OF APPEAL
________________________________
Hon. Madam Justice Andrews
JUSTICE OF APPEAL
_______________________________
Hon. Mr Justice Gus Andrée Wiltens
JUSTICE OF APPEAL

Solicitors:
Legal Aid Commission for the appellant
Office of the Director of Public Prosecutions for the respondent