Chand v State [2024] FJSC 46; CAV0036.2023 (29 October 2024)

IN THE SUPREME COURT OF FIJI
APPELLATE JURISDICTION

CRIMINAL PETITION NO. CAV 0036 of 2023
Court of Appeal No. AAU 0154 of 2017

BETWEEN:
VINIT VIKASH CHAND
Petitioner

AND:
THE STATE
Respondent

Coram: The Hon. Justice William Calanchini, Judge of the Supreme Court
The Hon. Justice William Young, Judge of the Supreme Court
The Hon. Justice Alipate Qetaki, Judge of the Supreme Court

Counsel: The Petitioner in person
Ms L Latu and Mr Z Zunaid for the Respondent

Date of Hearing: 15 October, 2024
Date of Judgment: 29 October, 2024

JUDGMENT

[1] Following a trial in the High Court before a Judge and assessors, the petitioner was found guilty of rape and attempted rape and later sentenced to a term of imprisonment. In the Court of Appeal, his appeal against conviction was dismissed and a challenge to his sentence was not pursued.

[2] He subsequently filed a petition in this Court seeking leave to appeal against both conviction and sentence. This was listed for hearing on 15 October 2024.
[3] Just before the commencement of the hearing, the petitioner lodged with the Court a notice withdrawing the petition.
[4] We are satisfied that this withdrawal is the result of a voluntary decision on his part and that he knows that upon the dismissal of the petition he will no longer have any right to challenge his conviction and sentence.
[5] Accordingly, we dismiss the petition.

Orders of the Court

The petition is dismissed.

The Hon. Mr. Justice William Calanchini
Judge of the Supreme Court

The Hon. Mr. Justice William Young
Judge of the Supreme Court

The Hon. Mr. Justice Alipate Qetaki
Judge of the Supreme Court