Labalaba v State [2010] FJHC 15; HAM006.2010 (25 January 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

Criminal Misc. Case No: HAM 006 of 2010

BETWEEN:

EPELI LABALABA
Appellant

AND:

THE STATE
Respondent

Counsel: Appellant in person
Ms N. Ratakele for State

Date of Hearing: 22nd January 2010
Date of Judgment: 25th January 2010

JUDGMENT

[1] The appellant appealed against a total sentence of 9½ years imprisonment imposed in the Magistrates’ Court for one count each of robbery with violence, burglary and larceny in dwelling house. On 2 September 2005, Shameem J dismissed his appeal and confirmed the sentence.

[2] The appellant filed an untimely appeal against sentence to the Court of Appeal. On 13 June 2008, a single judge of the Court of Appeal refused leave and dismissed the appeal under s.35 (2) of the Court of Appeal Act.

[3] On 11 January 2010, the appellant filed an application to re-litigate his sentence appeal. The appellant submits that he is aggrieved by the fact that his co-accused was sentenced on 14 October 2009 to 3 years imprisonment, which has led to an unfair disparity in sentences. He also tendered a letter from his father asking for clemency and a letter from his pastor indicating the appellant is a reformed man.

[4] Without doubting the plight of the appellant’s parents and the opinion of his pastor that the appellant has reformed himself, I do not think that these factors give jurisdiction to this Court to re-litigate an appeal that has previously been dismissed by this Court and the Court of Appeal. Nor do I think that the disparity argument provides jurisdiction to this Court to hear the appellant’s sentence appeal.

[5] The appeal is struck out for lack of jurisdiction.

Daniel Goundar
JUDGE

At Suva
25th January 2010