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Taufa v Rex [2005] TOCA 1; CA 17 2004 (31 January 2005)

IN THE COURT OF APPEAL TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY

NO AC 17/2004

BETWEEN:

MATAIASI TAUFA
Appellant

AND:

REX
Respondent

BEFORE THE HON CHIEF JUSTICE WEBSTER

Heard at Nuku’alofa on 26 January 2005.

Counsel: Appellant: Mr Niu
Respondent: Ms Simiki

RESERVED RULING ON APPLICATION FOR BAIL

This was an application for stay of sentence and bail pending appeal by the appellant, Mataiasi Taufa, who was convicted of 2 counts of grievous bodily harm and 1 count of bodily harm (all of which occurred on the same occasion) and sentenced by the trial Judge, McElrea J, on 19 October 2004 to 4½ years imprisonment concurrently on each of the counts of grievous bodily harm, the final 18 months of which were suspended for 3 years on the following conditions:

1. He will be under the supervision of a Probation Officer.
2. He will live and work where directed by his Probation Officer.
3. He is not to associate in any way with the victim Kalatiola.
4. He is to attend an anger management course as arranged by his Probation Officer.
5. He is to follow all directions of Dr Puloka or such other Medical Officer as Dr Puloka directs.
   

On the count of bodily harm he was sentenced to 2 years imprisonment, again concurrent.

The appellant’s grounds of appeal are as follows:

The Appellant will pray that that sentence be varied as follows:

The Appellant is sentenced to 4 years imprisonment but suspended for 3 years and, during the period of suspension,

(a) he is to comply with all directions of medication and treatment which the doctor in charge of the psychiatric ward at Vaiola hospital shall direct;
(b) he is to attend and carry out any programme of treatment which the Salvation Army shall see fit to prescribe for him; and

Upon the following grounds:

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