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Court of Appeal of Tonga |
IN THE COURT OF APPEAL OF TONGA
CRIMINAL
JURISDICTION
NUKU'ALOFA REGISTRY
Case No. CR 242 6/2001
Cr. App. No 15/02
BETWEEN:
PENISITI MALUFU
Appellant;
AND:
REX
Respondent.
Coram: Burchett J
Tompkins J
Beaumont J
Counsel: Sione Fifita for appellant
‘Ofa Pouono for respondent
Date of Hearing: 23 July 2002
Date of Judgment: 23 July 2002
JUDGMENT OF THE COURT
[1] By an indictment dated 20 November 2001, the appellant was charged with escape from lawful detention, armed robbery, unlawful imprisonment, possession of arms and ammunition without a licence, housebreaking and theft. He with four other co-accused appeared before the Chief Justice on 23 November 2001. He was represented by Mr Kelepi Piukala as counsel. Before the court was a summary of facts that clearly implicated the appellant and others in the offences charged. He pleaded guilty to and was convicted of the first five counts. The sixth count of theft was not put. On 17 December 2001 he was sentenced to a term of imprisonment of nine years.
[2] On 3 July 2002 the appellant filed an application for leave to appeal out of time against those convictions. This application came before this court on 18 July 2002. The Crown not opposing, we granted leave to appeal and for the parties to file affidavits in support of and in opposition to the appeal. We also made timetable orders to ensure that the appeal could be heard on 23 July 2002. Affidavits in support of and in opposition to the appeal have now been filed.
The grounds of appeal
[3] The appeal is against conviction and sentence. The grounds of appeal are that the appellant was not properly advised and represented, that he did not understand his right to appeal, that he did not understand the effect of the guilty plea and that the sentence was excessive.
[4] The grounds of the appeal against conviction are supported by the affidavit now filed by the appellant. The relevant paragraphs are:
“(2) My counsel in the lower court was Kelepi Piukala.
(2) I instructed my counsel that I was not guilty. [There are two paragraphs two]
(3) My counsel persuaded me to plead guilty for it would be better for me.
(4) I trusted my counsel and pleaded guilty.”
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