Hinge v Public Prosecutor [2019] VUCA 39; Criminal Appeal Case 2842 of 2018 (10 May 2019)

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

Criminal Appeal
Case No. 18/2842 CoA/CRMA

BETWEEN:	DANKEN HINGE
	Appellant
AND:	PUBLIC PROSECUTOR
	Respondent

Coram: Hon. Chief Justice Vincent Lunabek

Hon. Justice John von Doussa

Hon. Justice Ronald Young

Hon. Justice Dudley Aru

Hon. Justice Gust Andrée Wiltens

Hon. Justice Felix Stephen

Counsel: Appellant in person
S. Blessing for the Respondent

Date of Hearing: 6^th May 2019

Date of Judgment: 10^th May 2019

MEMORANDUM

1. The appellant has filed a notice of appeal against his sentence imposed on 31^st October 2018 by the Supreme Court of 12 years imprisonment on 19 counts of unlawful entry, theft and forgery. The appellant is presently serving his sentence and is unrepresented.
   
2. The appeal was first set down for hearing during the November 2018 sittings of this Court, but no appeal papers were filed and the matter was adjourned to the February 2019 sittings.
   
3. Directions given for the February 2019 sittings to file an appeal book were not met and the matter was further adjourned to the present sitting of the Court. At the general call-over on the first day of the sitting of the February 2019 session the Court indicated that the appellant, who was not present in Court, was in need of legal representation, and the Court expressed the hope that this would be attended to.
   
4. At the call-over on the first day of the present sitting there was still no appeal book, and there was no appearance of the appellant or anyone on his behalf. We adjourned the matter until today and took steps to have the appellant brought to court. Today Mr Hinge appeared. He confirmed his wish to continue with his appeal. He said he has recently being attempting to contact the Public Solicitor’s Office for assistance, but so far he had not succeeded in doing so.
   
5. The Court adjourned the appeal to the July 2019 sitting. The Court has explained to the appellant that he must continue his efforts to contact the Public Solicitor’s Office.
   
6. The Court will arrange for a copy of this Memorandum to be forwarded to the Public Solicitor’s Office so that they are aware of the matter.
   

DATED at Port Vila, this 10^th day of May, 2019.

BY THE COURT

Hon. Vincent Lunabek
Chief Justice.