Rabuka v The State [1996] FJHC 12; Haa0012j.1996s (10 May 1996)

Fiji Islands - Rabuka v The State - Pacific Law Materials

IN THE HIGH COURT OF FIJI

AT SUVA

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 12 OF 1996

Between:

MANASA RABUKA
Appellant

AND:

STATE
Respondent

Appellant in person
Mr. S. Karavaki for the Respondent

JUDGMENT

This is an appeal against conviction and sentence of the appellant on 27 July 1995 at the Magistrate's Court at Suva of attempted rape contrary to section 151 of the Penal Code.

When the hearing commenced on 11 April 1996 the appellant withdrew the Appeal.

At Court's request the learned counsel for the State addressed the Court on the matter of recording of conviction. He said that although conviction was recorded after mitigation (page 26 of Record) and not immediately after the appellant was found guilty there was compliance with s155 of the Criminal Procedure Code in regard to "contents of judgment". He said that in any case under s319(1)(a) there was no "substantial miscarriage of justice" in entering a formal conviction after mitigation.

The appeal being withdrawn and upon hearing the learned State counsel, the appeal is dismissed.

D. Pathik
JUDGE

Suva
10 May 1996

Haa0012j.96s