Tambe v Public Prosecutor [2013] VUCA 13; Criminal Appeal 07-12 (26 April 2013)

IN THE COURT OF APPEAL OF
THE REPUBLIC OF VANUATU
(Criminal Appellate Jurisdiction)

CRIMINAL APPEAL NO. 7 OF 2012

BETWEEN:

JOE TIMOTHY TAMBE
KENCY TARI
Appellants

AND:

PUBLIC PROSECUTOR
Respondent

Hearing: 22 April 2013

Coram: Hon. Chief Justice Vincent Lunabek
Hon. Justice John von Doussa
Hon. Justice Ronald Young
Hon. Justice Daniel Fatiaki
Hon. Justice Robert Spear
Hon. Justice Dudley Aru
Hon. Justice Mary Sey

Counsel: Brittain Yusef for the Appellants
Parkinson Wirrick for the Respondent

MINUTE

26 April 2013

1. This Minute is to record the outcome of this case.
   
2. This was an appeal against both the conviction following trial of the two appellants on a charge of arson and the sentences subsequently imposed.
   
3. At the commencement of the appeal hearing, Mr Wirrick conceded the appeal. This concession recognised that the trial judge critically relied on evidence of statements taken from two co-defendants (who happened to be discharged during the trial) which evidence was inadmissible against the appellants.
   
4. This concession was both responsible and appropriate.
   
5. The appeal was accordingly allowed and the convictions and sentences quashed.
   
6. In the circumstances, there will be no order for a retrial.
   

FOR THE COURT

_______________________
Chief Justice Vincent Lunabek