Mateiwai v State [2013] FJHC 10; HAM003.2013 (11 January 2013)

IN THE HIGH COURT OF FIJI
AT LABASA
APPELLATE JURISDICTION

CRIMINAL MISCELLANEOUS NO.: HAM 003 OF 2013

BETWEEN:

SUNIA MATEIWAI
Applicant

AND:

THE STATE
Respondent

Counsel: Applicant in person
Mr S. Vodokisolomone for State

Date of Hearing: 11 January 2013
Date of Ruling: 11 January 2013

RULING

[1] On 3 May 2012, the Magistrates' Court at Labasa sentenced the applicant in five drug related cases, after he pleaded guilty to the charges. The applicant was represented by counsel in the proceedings at the Magistrates' Court. The sentences were as follows:

CF28/12: Cultivation of illicit drugs - 5 years imprisonment

CF20/09: Unlawful possession of illicit drugs- 8 months imprisonment

CF43/12: Unlawful possession of illicit drugs- 6 months imprisonment

CF44/12: Unlawful possession of illicit drugs- 2 ½ years imprisonment

CF45/12: Unlawful possession of illicit drugs- 12 months imprisonment

[2] All sentences were made consecutive. The total sentence was 5 years imprisonment. The serious offence of cultivation involved 26 plants of cannabis sativa. The total weight of the plants was 6.5kg. The possession offences involved sachets of dried cannabis of varying weight. The facts admitted by the applicant clearly established that the applicant was a drug dealer.

[3] In a letter dated 28 October 2012, the applicant sought an extension of time to appeal against his sentence. The letter was received by the Registry on 1 November 2012.

[4] The application for leave to appeal out of time was listed for hearing on 11 January 2013. On the day of the hearing, the applicant informed the Court that he wanted to withdraw his appeal. He told the Court that he has accepted his sentence and that the decision to withdraw was made freely and voluntarily, and without any pressure or promise.

[5] After listening to the applicant, I am satisfied that he has made a well informed decision to withdraw his appeal and that he fully understands the consequences of his decision.

[6] Leave is granted to withdraw appeal. The appeal is dismissed.

Daniel Goundar
JUDGE

At Labasa
11 January 2013

Solicitors:
Applicant in person
Office of the Director of Public Prosecutions, Labasa for the State