Lebobo v State [2008] FJSC 12; CAV0008.2007S (23 July 2008)

IN THE SUPREME COURT OF THE FIJI ISLANDS
AT SUVA

CRIMINAL APPEAL NO. CAV0008 OF 2007S
(Fiji Court of Appeal No. AAU0036 of 2004S)

BETWEEN:

NAVAU LEBOBO
Petitioner

AND:

THE STATE
Respondent

Coram: The Hon Justice Keith Mason, Judge of the Supreme Court
The Hon Justice Kenneth Handley, Judge of the Supreme Court
The Hon Justice Ronald Sackville, Judge of the Supreme Court

Hearing: Tuesday 22nd July 2008, Suva

Counsel: Petitioner in Person
Ms A. Prasad for the Respondent

Date of Judgment: Wednesday, 23rd July 2008, Suva

JUDGMENT OF THE COURT

[1] This petition was filed about a year and a half after a belated appeal to the Court of Appeal was dismissed on the basis that none of the grounds of appeal had any chance of success.

[2] At the end of the day, the petitioner pressed only his complaint about the sentences imposed.

[3] He raised a point based upon s.12(2)(a) of the Criminal Procedure Code which is misconceived because that provision applies only to proceedings in the Magistrate’s Court.

[4] He also submitted that the various sentences were imposed without taking proper account of his intoxication and the time of the offences; and that the term of 13 years imprisonment recommended to be served for the murder offence was excessive.

[5] It is unnecessary to consider whether the last mentioned part of the murder sentence is part of the appealable order. We were not referred any authorities on this point, which was raised for the first time at the hearing.

[6] In any event, the sentences involved no error in principle, as the Court of Appeal has already determined. No basis for a grant of special leave has been demonstrated, let alone any basis for excusing the late lodgement of the petition. It is dismissed.

Hon Justice Keith Mason
Judge of the Supreme Court

Hon Justice Kenneth Handley
Judge of the Supreme Court

Hon Justice Ronald Sackville
Judge of the Supreme Court

Solicitors:
Petitioner in Person
Office of the Director of Public Prosecutions, Suva for the Respondent