Gade v The State [2004] FJHC 274; HAM0079D.2004S (28 December 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

Cr. Misc. Case No: HAM0079 of 2004S

Between:

WATISONI SERUVATU GADE
Applicant

And:

THE STATE
Respondent

Hearing: 20th December 2004
Ruling: 28th December 2004

Counsel: Applicant in Person
Ms V. Lidise for State

RULING

The Applicant applies for leave to appeal out of time. According to his letter of application, received by the High Court on the 29th of November, he was convicted of robbery with violence on the 16th of February 2004, and sentenced to 5 years imprisonment.

His grounds for the application are that the appeal involves a question of law of unusual difficulty and that the Applicant could not obtain a copy of the judgment and court record within a reasonable time. The question of law is, according to the Applicant, in relation to the failure of the learned Magistrate to direct himself of the special need for caution where there is uncorroborated, unsafe identification evidence. A further ground of appeal is that the sentence is harsh and excessive.

Relevant to this application is the reason for the late filing of the appeal. When the Applicant wrote his letter to the High Court, he was already 10 months out of time. It does not appear that he asked for a copy of the court record shortly after conviction, and his failure to obtain the record does not appear to have prevented him from articulating his grounds of appeal for the purpose of this application. I consider therefore that the Applicant has advanced no good reason for the late filing of his appeal.

Nor am I persuaded that his appeal has a good chance of success.

I was not able to peruse the court file despite a request made to the Magistrates’ Court Registry. I am therefore unable to assess the merits of the appeal. However the 5 year term is within the tariff for robbery with violence and does not appear to be harsh or excessive.

I consider that no good grounds have been shown to justify enlargement of time and refuse this application.

Nazhat Shameem
JUDGE

At Suva
28th December 2004