Erick v Public Prosecutor [2020] VUCA 45; Criminal Appeal Case 2347 of 2020 (9 November 2020)

IN THE COURT OF APPEAL OF THE REPUBLIC OF VANUATU (Appellate Jurisdiction)	Criminal Appeal Case No. 20/2347 CoA/CRMA
BETWEEN:	Ricky Erick
	Appellant
AND:	Public Prosecutor
	Respondent

Date of Hearing: 9 November 2020

Before: Justice V. Lunabek

Justice J. Mansfield

Justice R. Young

Justice O. Saksak

Justice D. Aru

Justice V. M. Trief

Counsel: Mr Rollanson Willie for the appellant

Mr Lenry Young for the Respondent

MINUTE

1. When the appeal was called for hearing the Court put the proposition to Mr Willie that from the date of sentence being 22 July 2020 backdated to 24 April 2020 the appellant had in fact benefitted from 89 days of his pre-custodial period instead of the 82 days he submitted he was given, which forms the only remaining ground of his appeal.
   
2. Mr Willie accepted the proposition and therefore abandoned the appeal.
   
3. Accordingly the appeal is dismissed.
   

Dated at Port Vila, this 9^th day of November, 2020.

BY THE COURT

Hon. Vincent Lunabek
Chief Justice