Vuniyacawa v State [2009] FJSC 1; CAV0013.2008S (10 February 2009)

IN THE SUPREME COURT OF THE FIJI ISLANDS
AT SUVA

CRIMINAL APPEAL NO. CAV0013 OF 2008S
(Fiji Court of Appeal No. AAU0074 of 2007S)

BETWEEN:

TOMASI VUNIYACAWA
Petitioner

AND:

THE STATE
Respondent

Coram: The Hon Justice Kenneth Handley, Judge of the Supreme Court
The Hon Justice David Ipp, Judge of the Supreme Court
The Hon Justice Ronald Sackville, Judge of the Supreme Court

Hearing: Monday, 9th February 2009, Suva

Counsel: Petitioner in Person
Mr N. Nand for the Respondent

Date of Judgment: Tuesday, 10th February 2009, Suva

JUDGMENT OF THE COURT

[1] On the 4 March 2006 the applicant was convicted on his plea of guilty on a charge of robbery with violence and was sentenced to imprisonment for 5 years. On 20 June 2007 his appeal to the High Court against the severity of his sentence was dismissed by Govind J as without merit. On 16 January 2008 his appeal to the Court of Appeal was dismissed by Pathik J as incompetent under s.22 of the Court of Appeal Act because it did not raise a question of law.

[2] On 14 October 2008 the applicant’s petition for special leave to appeal to this Court was dismissed with six paragraphs of reasons because nothing indicative of error had been shown.

[3] The applicant has now sought a review of this Court’s decision pursuant to s.122 (5) of the Constitution. Nothing calling for a review has been shown, and the application is dismissed as an abuse of the process of this Court in accordance with the principles applied in Silatolu and Others v. The State in which judgment was given on 17 October 2008.

Hon Justice Kenneth Handley
Judge of the Supreme Court

Hon Justice David Ipp
Judge of the Supreme Court

Hon Justice Ronald Sackville
Judge of the Supreme Court

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