Delana v The State [2003] FJHC 208; HAM0015D.2003S (11 June 2003)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

CRIMINAL APPEAL NO. HAM0015 OF 2003

BETWEEN:

FILIPE DELANA
APPELLANT

-vs-

STATE
RESPONDENT

The Appellant appearing in person
Mr. D Prasad for the State

JUDGMENT

The Applicant applies for leave to appeal out of time in respect of a conviction and sentence in either 2000 or 2001. At the hearing of the appeal he was unable to say which case he wished to appeal but said that he had been given an 18 month term to be served consecutive to his other prison terms.

The file forwarded to me by the Suva Magistrate’s Court is 881/2000. The charge is one of housebreaking , entering and larceny and the sentence imposed is one of 12 months imprisonment to be served concurrently to other sentences passed at the same time.

The items taken according to the charges were valued at a total of $3360. The 12 month term is not excessive or wrong in principle.

A perusal of the Appellant’s previous convictions shows that his offending record commenced in 1996 and continued until 2001. In 2000 he was given sentence of 12 months imprisonment for 3 separate offences of housebreaking all to run concurrently with each other.

In 2001 he was sentenced on 6 further counts of house breaking, to a total of 18 months imprisonment concurrent to the terms imposed in 2000. On 15th June 2001 he was sentenced to 3 years and 3 months imprisonment for robbery with violence to be sentenced consecutive to his previous terms. On 26th July 2000 he was sentenced to a further 3 years imprisonment for housebreaking to be served consecutive to his previous sentences. He is now serving a total term of 10 years imprisonment.

Given the totality of the offending, and the persistent nature of it, I see nothing in his sentences which suggest that there is merit in this appeal.

The Appellant gives no good reason for the late filing of his appeal, and there is now a 3 year lapse since sentence.

In the circumstances leave to appeal out of time is refused.

N. Shameem
JUDGE

11.6.03