Tagilala v State [2012] FJHC 1473; HAM158.2012 (6 December 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
MISCELLANEOUS JURISDICTION

CRIMINAL MISC CASE NO. HAM 158 OF 2012

BETWEEN:

PAULIASI TAGILALA
[Applicant]

AND:

STATE
[Respondent]

COUNSELS: Applicant – In Person
Mr S. Babitu for the Respondent

Date of Ruling: 6 December 2012

RULING ON JURISDICTION OF AN APPEAL FROM EXTENDED JURISDICTION

[1] The Applicant was charged before this Court for aggravated robbery punishable under Section 311 of the Crimes Decree. The case was remitted to the Magistrate of Nadi with extended jurisdiction.

[2] The Accused Applicant pleaded guilty to the charge and sentenced by the Magistrate on the 11th March 2012. He preferred an appeal against the sentence after the appealable period.

[3] The Respondent States object to the same and raised a preliminary objection to the effect that the decision of the Magistrate was made while exercising extended jurisdiction hence this Court has no jurisdiction.

[4] In Tulele v State (2008) FJCA 97; Misc Action 4.2008 S (14 April 2001) the full bench of the Court of Appeal held that:

"It seems however that the Magistrate sentenced Mr. Tulele under Extended Jurisdiction and that any appeal ought to have been heard by the Court of Appeal, not by the High Court in its appellate jurisdiction".

[5] The Court is bound by the above Court of Appeal judgment. Hence I accept the preliminary objection raised by the State Counsel and rule that the Court has no jurisdiction.

S. Thurairaja
Judge

At Lautoka
6 December 2012

Solicitors: Appellant appeared in Person
The Office of the Director of Public Prosecution for the Respondent