Godrovai v State [2013] FJHC 218; HAM270.2012S (3 May 2013)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

MISCELLANEOUS CASE NO. HAM 270 OF 2012S

JOVILISI GODROVAI

vs

THE STATE

Counsels : Accused in Person
Ms. M. Fong for State
Hearing : 4th March, 2013
Ruling : 4th March, 2013
Written Reasons : 3rd May, 2013

WRITTEN REASONS FOR DENIAL OF APPLICATION TO APPEAL OUT OF TIME

1. On 23rd August, 2010, the accused pleaded guilty to the following charge, in the Suva Magistrate Court:
   

Statement of Offence

ESCAPE FROM LAWFUL CUSTODY: Contrary to Section 196 of the Crimes Decree No. 44 of 2009.

Particulars of Offence

LEMEKI KOTOILEVUKA and JOVILISI GODROVAI on the 31st day of March, 2010, at Lami in the Central Division, being in lawful custody, escaped from said lawful custody.

2. The prosecution read the Summary of Facts in court. The accused was a serving prisoner at Naboro Minimum Prison on 31st March, 2010. The accused was doing farming work for the prison. He escaped from custody, without lawful authority. He was apprehended later in the afternoon, on the same day. The accused admitted the above facts, was found guilty as charged and convicted accordingly.
   

3. The accused admitted 17 previous convictions. On 22nd September, 2010, the accused advanced his plea in mitigation. He said, he was 25 years old, he was serving in prison up to 2015 and he asked for a concurrent prison sentence. On 17th December, 2010, the court delivered a Written Sentence. It sentenced the accused to 8 months imprisonment, consecutive to his present prison term. He was given 28 days to appeal.

4. The prisoner did not appeal until 7th December, 2012. His appeal was approximately 2 years out of time. He has lost his right to appeal because the 28 days appeal period had long expired. He must show "good cause" to the court, for permission to extend the 28 days appeal period [section 248(2) and (3) of the Criminal Procedure Decree 2009].

5. I have carefully read the papers submitted by the prisoner. I have also carefully listened to the State's verbal reply on 4th March, 2013. I have carefully read the court record, including the Learned Magistrate's written sentence. In my view, the Learned Magistrate applied the proper procedures and the relevant laws in making his decision. The prisoner had shown no "good cause", and that's why I dismissed his application on 4th March, 2013.

Salesi Temo
JUDGE

Solicitor for Accused : Accused in Person.
Solicitor for the State : Office of the Director of Public Prosecution, Suva.