Tuputupu v Rex [2013] TOCA 11; AC 19 of 2013 (11 December 2013)

IN THE COURT OF APPEAL TONGA
CRIMINAL JURISDICTION
NUKU'ALOFA REGISTRY

AC 19 of 2013
[CR 310 OF 2011]

BETWEEN

VATULELE TUPUTUPU
Applicant

AND

REX
Respondent

BEFORE THE PRESIDENT
L. M. Niu SC for the Applicant
A. Kefu SC for the Respondent

DECISION

The Accused was sentenced to an effective term of 10 months imprisonment with effect from 5 November 2013.

With remission for good behavior, his term would be reduced to 8 months.

The next session of the CoA is due to commence on 30 March but cannot be guaranteed to go ahead unless adequate staff are provided by the Ministry of Justice to enable the records and appeal booklets to be prepared.

On the assumption that the session will go ahead then the Accused will have served just under 5 months of the 8 months period by the time his appeal could be heard.

It is clear that in these circumstances that S4B(1)(b) of the Bail Act applies. I also take into account the provisions of S4B(2)(c) & (d) of the Bail Act.

11 December 2013.

Bail is granted on the Applicant's own recognizance of $5000 to surrender to the Court of Appeal on the date fixed hearing of his appeal in the April 2014 Court of Appeal session. He is also to surrender his passport.
11 December 2013
PRESIDENT