Tupou v R [2018] TOCA 22; AC 16 of 2018 (31 October 2018)

IN THE COURT APPEAL OF TONGA
NUKU’ALOFA REGISTRY

AC 16 of 2018

[CR 97 of 2018]

BETWEEN: SIOKATAME TUPOU

Appellant

AND: REX

Respondent

Counsel: Mrs. D Corbett for the appellant

Decision 31 October 2018

RULING ON APPLICATION FOR LEAVE TO APPEAL

[1] The appellant has applied for leave to appeal against sentence imposed upon him on 11 September 2018 by Cato J following his conviction upon his guilty pleas to one count of grievous bodily harm contrary to s. 106(1) and (2)(b) of the Criminal Offences Act and one count of serious causing bodily harm contrary to s. 107(1), (2)(c) and (3) of the Criminal Offences Act. The appellant intends to argue that his Counsel failed to put all relevant matters to Cato J in mitigation and that the sentence was otherwise excessive. I grant leave to appeal.

[2] Counsel should note that a transcript has been prepared and may be obtained upon request from the Registrar.

O.G. Paulsen
NUKU’ALOFA: 31 October 2018. PRESIDENT