Lal v State [2008] FJSC 6; CAV0001.2008S (23 July 2008)

IN THE SUPREME COURT OF THE FIJI ISLANDS
AT SUVA

CRIMINAL APPEAL NO. CAV0001 OF 2008S
(Fiji Court of Appeal No. AAU0001 of 2007S)

BETWEEN:

JOHN HARRIS LAL
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: Wednesday 23rd July 2008, Suva

Counsel: Petitioner in Person
Mr A. Elliott for the Respondent

Date of Judgment: Wednesday 23rd July 2008, Suva

JUDGMENT OF THE COURT

[1] This is an application by Mr Lal for special leave to appeal to this Court from the decision of the Court of Appeal. He was convicted by a magistrate of the subject offences and sentenced to terms of imprisonment totalling of 4 years and 6 months to be served concurrently. The magistrate convicted and sentenced the petitioner on 2 March 2006. He appealed to the High Court from his conviction but not from his sentence. That appeal was dismissed by Shameem J on 4 August 2006.

[2] He appealed to the Court of Appeal and the matter came before Ward P on 5 April 2007. The President dismissed the petitioner’s appeal because there were no grounds in law for his appeal against the conviction and he had no right of appeal against the sentence.

[3] Section 22(1A) of the Court of Appeal Act provides that the only right of appeal to the Court of Appeal from the sentence of the High Court on an appeal from a Magistrates Court is that the sentence was an unlawful one or was passed in consequence of an error of law.

[4] The sentence imposed by the magistrate was not challenged in the High Court. The further appeal was obviously incompetent under s.22(1A) of the Court of Appeal Act and was correctly dismissed by Ward P. In this Court the petitioner challenges the severity of his sentence and seeks a reduction. Since the decision of the Court of Appeal to refuse his appeal on sentence was clearly correct he has no grounds for special leave to appeal to this Court. The petition is therefore 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