R v Hakaumotu [2018] TOSC 47; Criminal Appeal 16 of 2018 (7 September 2018)

IN THE SUPREME COURT OF TONGA
APPELLATE JURISDICTION
NUKU’ALOFA REGISTRY

AM 16 of 2018

BETWEEN: REX

- Appellant

AND : TEVITA HAKAUMOTU

- Respondent

BEFORE HONOURABLE JUSTICE NIU IN CHAMBERS

HAVING HEARD Acting Attorney General, Mr. ‘A. Kefu, for the appellant and the respondent himself and his mother, and being satisfied that it is just so to do, I confirm the following:

1. The respondent was charged with one offence of house-breaking (no. 252/18) and another offence of theft of goods from the house (no. 253/18) and a third offence of being an accomplice to house breaking (no. 257/18) and a fourth offence of being an accomplice to theft (no. 258/18).
   
2. All 4 charges related to one incident in which the respondent and another co-accused, ‘Amini Liku, broke into the house and stole the goods, and in respect of which, the co-accused was also charged with the same offences.
   
3. Both accused were tried together and they both pleaded guilty to all 4 charges against each of them. They were both unrepresented by counsel.
   
4. In respect of the co-accused ‘Amini Liku, the Magistrate deferred sentencing him for further consideration, but in respect of the respondent, he sentenced him to 6 months imprisonment for the housebreaking (252/18) and 1 month imprisonment for the theft (253/18) and dismissed the two charges of being an accomplice (257/18 & 258/18) upon the ground that they were illegal under the law and the Constitution.
   
5. The Crown has now appealed to this Court against that dismissal of the two charges upon the ground that because the respondent had already pleaded guilty to the two charges, the Magistrate was lawfully obliged to sentence him according to law.
   
6. On 24 August 2018, the Lord Chief Justice directed that the appeal was to heard before me on 10 September 2018, and that it was to be called before me this morning for confirmation of the hearing for Monday 10 September.
   
7. This morning, Mr. ‘Aminiasi Kefu, Acting Attorney General, appeared for the appellant and the respondent and his mother also appeared (without counsel). Mr. Kefu informed me that the appellant has now confirmed that the 2 accomplice charges were in the alternative only to the charges of house breaking and theft charges, and that the Magistrate correctly dismissed them. He then asked that the appeal be withdrawn. I asked both the accused if they understood and whether they agreed and they both said yes.
   
8. Accordingly, I order that this appeal is forthwith discontinued with no order for costs.
   

L.M. Niu J
NUKU’ALOFA: 7 September 2018. J U D G E