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Robert v Public Prosector [2019] VUCA 75; Criminal Appeal Case 993 of 2019 (15 November 2019)

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

Criminal Appeal
Case No 19/993 CoA/CRMA


BETWEEN
Bob Robert

Appellant


AND
Public Prosecutor

Respondent

CORAM: Chief Justice Lunabek
Justice J W Hansen
Justice O Saksak
Justice D Aru
Justice V Trief


COUNSEL: K Karu — Counsel for Appellant
P Toaliu — Counsel for Public Prosecutor


DATE OF HEARING: 6 November 2019


DATE OF DECISION: 15 November 2019
___________________________________________________________________________

MEMORANDUM

___________________________________________________________________________


[1] The appellant appealed against three life sentences imposed on him by Justice G A Andr&eacutelt Wi on s6 Apri April 2009. The life sentences were imposed for two charges of aggravated sexual assault on a child under 15 years and for a pre-meditated intentional homicide.
[2] At the commencement of the hearing, the Court discussed with Ms Karu the parole provisions relating to a life sentence and finite sentences. For a life sentence, parole can be applied for after eight years, but for a finite sentence it is after half the term has been served.
[3] As a result, Ms Karu sought time to take further instructions from her client. When the Court reconvened she advised on the basis of those instructions the appellant withdrew his appeal against sentence.
[4] Accordingly, we record the appeal was withdrawn.

Dated at Port Vila this 15th day of November 2019
By the Court


Vincent Lunabek
Chief Justice



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