Wise v State [2008] FJHC 207; HAM81.2008 (8 September 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

Crim. Misc. Case No: HAM 81 of 2008

BETWEEN:

GEORGE WISE
Applicant

AND:

THE STATE
Respondent

Hearing: 5th September 2008
Ruling: 8th September 2008

Counsel: Applicant in person
Ms L. Lagilevu for State

RULING

This is an application for bail pending appeal. The appeal in this case is set for hearing on the 17th of October 2008. The Applicant was convicted of criminal intimidation by the Navua Magistrates’ Court after trial. The evidence was that the complainant, Grace Wise, is the Applicant’s sister. On the 14th of January 2008, she walked into her bedroom and heard him yelling at her, swearing and threatening to kill her and burn her inside her bedroom. He called her "prostitute" and "bitch" saying that she was selling her body to her boyfriend. He continued to punch and kick the wall, and to swear at her for about one hour. When her boyfriend arrived, he told her to report the matter to the police.

The Applicant gave sworn evidence denying threatening his sister. Judgment was delivered on the 13th of May. The learned Magistrate found the case proven beyond reasonable doubt, and said that she found, as a matter of fact, that the Applicant did threaten Grace Wise without lawful excuse, intending to cause her alarm. She sentenced the Applicant to 2½ years imprisonment on the 27th of May 2008.

The Applicant says that his appeal against conviction is likely to succeed because he and his sister have reconciled. He asks for bail to instruct counsel and says that his sister will be in court on the 17th of October to confirm reconciliation.

The State opposes bail saying that the Applicant has served only a few months of his 2½ year sentence, that there are no merits in the appeal and that there are no other exceptional circumstances.

I agree. The appeal hearing is now only a month away, and the Applicant has only served 3 months of his sentence. This is not a substantial proportion of his sentence. Further, on a perusal of the court record, I am unable to conclude that there are any clearly meritorious grounds of appeal. The Applicant did not tell the court that his sister had reconciled with him before sentence was passed, and at this stage of the proceedings, such a development is unlikely to disturb the conclusion greatly.

For these reasons, this application for bail is refused.

Nazhat Shameem
JUDGE

At Suva
8th September 2008