Varoga v The State [2006] FJHC 10; HAM0001D.2006S (12 January 2006)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Crim. Misc. No: HAM0001 of 2006S

Between:

PITA NAROGA
Applicant

And:

THE STATE
Respondent

Hearing: 10th January 2006
Ruling: 12th January 2006

Counsel: Applicant in person
Ms K. Bavou for State

RULING ON BAIL PENDING APPEAL

The Applicant was convicted on a number of offences ranging from robbery with violence to wrongful confinement, and sentenced to a total of 11 years imprisonment. His appeal will be heard on the 20^th of January, 2006. He applies for bail pending appeal.

The principles relevant to his application are the likelihood of success of the appeal, the length of time the offender is likely to serve before his appeal is heard, and the length of his/her sentence. In Ratu Jope Seniloli and Others v. The State Criminal Appeal No: AAU0041.2004S Ward P said that even if these issues in themselves fell short of establishing a reason to grant bail, the court could go on to consider whether there were other matters relevant to a particular applicant which might amount to exceptional circumstances.

The State opposes bail on the grounds that the sentence is a long one, the appeal will be heard in just under two weeks, and that there are no obvious merits in the appeal.

The grounds of appeal set out in the Applicant’s appeal letter are in relation to conviction and sentence. He states that he was prejudiced by lack of representation, that his plea was equivocal, and that the sentences passed were harsh and excessive. A perusal of the court record does not suggest that any one of these grounds is obviously meritorious. They are all of course open to argument.

The total sentence is 11 years imprisonment. Only a small portion of this sentence will have been served when the appeal is heard next week. Finally, the Applicant has raised no exceptional circumstances which might persuade me to grant him bail. He has no right to bail because he is convicted and sentenced.

There are no grounds to grant bail pending appeal. This application is dismissed.

Nazhat Shameem
JUDGE

At Suva
12th January 2006