Giltrap v Public Prosecutor - Order [2019] VUCA 77; Criminal Appeal Case 1811 of 2019 (15 November 2019)

IN THE COURT OF APPEAL OF THE REPUBLIC OF VANUATU (Criminal Appellate Jurisdiction)	Criminal Appeal Case No. 19/1811 CoA/CRMA
BETWEEN:	NIGEL JOHN GILTRAP
	Appellant
AND:	PUBLIC PROSECUTOR
	Respondent

Coram: Hon. Justice John William von Doussa

Hon. Justice John Hansen

Hon. Justice Oliver Saksak

Hon. Justice Dudley Aru

Hon. Justice G Andrée Wiltens

Hon. Justice Viran Trief

Counsel: Mr M. J. Hurley for the Appellant
Mr D. D. Boe for the Respondent

Date of Hearing: 7^th November 2019

Date of Judgment: 15^th November 2019

ORDER

UPON HEARING counsel, the Court orders as follows:

1. That the appeal against convictions is dismissed;
   
2. The appeal against sentence is allowed. The sentence imposed in the Supreme Court is set aside. In lieu thereof this Court imposes a sentence of 2 months imprisonment on each charge to be served concurrently;
   
3. The 2 months imprisonment sentenced imposed has been served and the appellant is to be released from custody immediately.
   

DATED at Port Vila, this 7^th day of November, 2019.

BY THE COURT

Hon. Gus Andrée Wiltens
Judge.