Namua v State [2008] FJSC 9; CAV0004.2008S (23 July 2008)

IN THE SUPREME COURT OF THE FIJI ISLANDS
AT SUVA

CRIMINAL APPEAL NO.CAV0004 OF 2008S
(Fiji Court of Appeal No. AAU0001 of 2007S)

BETWEEN:

PAULA NAMUA
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, 23 July 2008, Suva

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

Date of Judgment: Wednesday, 23 July 2008

JUDGMENT OF THE COURT

[1] The petitioner seeks leave to file out of time a petition for special leave to appeal from orders made by the President of the Court of Appeal, Ward J, on 23 February 2006. The learned President refused the petitioner leave to appeal against the sentence imposed on him by the Magistrate’s Court at Lautoka on 25 November 2004. The petition to this Court for leave to appeal out of time was filed on 21 November 2007, some 21 months after his application to the Court of Appeal was summarily dismissed by Ward J.

[2] The petitioner, then aged 19, pleaded guilty in the Magistrate’s Court to eight charges including robbery with violence, house breaking, burglary, larceny from a dwelling house, escaping from lawful custody and resisting arrest. In sentencing the petitioner, the learned Magistrate took into account the petitioner’s youth, his extensive prior criminal record and the circumstances of each of the offences. The petitioner was sentenced to six years and nine months imprisonment, with a minimum term of 6 years.

[3] The petitioner appealed against the sentence to the High Court, arguing that it was manifestly harsh and excessive. Govind J. considered that there was little substance in the appeal and that no error of law or fact had been disclosed. However, his Lordship considered that there was some confusion in the manner in which the sentence had been spelt out. Govind J. left the various individual sentences undisturbed, but varied their operation so that the effective term of imprisonment was reduced to a period of six years from 25 November 2004.

[4] The petitioner then lodged an application for leave to appeal out of time to the Court of Appeal against the sentence imposed by Govind J. The application was granted but, as already noted, Ward J. dismissed the application summarily, pursuant to s35(2) of the Court of Appeal Act.

[5] Nothing has been put on behalf of the petitioner in this Court that would warrant granting special leave to appeal against the decision of the Court of Appeal. The requirements of s7(2) of the Supreme Court Act 1998 have not been satisfied. Accordingly, the petitioner’s application to file a petition out of time should be refused.

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