Tuitokova v The State [2005] FJHC 198; HAM0046D.2005S (25 July 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

Criminal Misc. Case No: HAM0046 of 2005S

Between:

APOROSA TUITOKOVA
Applicant

And:

THE STATE
Respondent

Hearing: 22nd July 2005
Ruling: 25th July 2005

Counsel: Applicant in Person
Mr. A. Rayawa for State

BAIL RULING

The Applicant applies for bail pending appeal. He is serving a term of 5 years imprisonment, which was imposed on the 14th of April 2005. He was convicted of the offence of arson. According to the court record, the Applicant, with others, set fire to the dwelling house of a fellow villager at Malawai Village on Gau Island. The value of the damage caused was $20,000.

The Applicant is 19 years old. He said in his submissions in court, that his parents are elderly, that the appeal against conviction and sentence is likely to succeed and that his plea was equivocal.

State counsel opposes the application. In his well-researched and clear submissions, he said that the Applicant had no right to bail because he was now convicted and sentenced. He said the appeal was fixed for hearing on the 29th of July 2005, and that it was not likely to succeed because there was no right to appeal against conviction on a guilty plea, and because the sentence was correct in principle.

The Applicant has only served 4 months of his 5 year sentence. His grounds of appeal are arguable but will not necessarily succeed. He has shown me no exceptional grounds, which might justify the grant of bail. Further, his appeal is now only 4 days away.

For these reasons, I decline to grant bail.

Nazhat Shameem
JUDGE

At Suva
25th July 2005