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Court of Appeal of Tonga |
IN THE COURT OF APPEAL OF TONGA
CRIMINAL
JURISDICTION
NUKU'ALOFA REGISTRY
Cr. App. 15-16/2004
Case No. CR 171-172/2004
BETWEEN:
SIESI HALA'API'API SEFO
First Appellant
AND:
NAIOKA TISIOLA TU'IPULOTU
Second Appellant
AND:
REX
Respondent.
Coram: Burchett J
Tompkins J
Salmon J
Counsel: Siosifa Tu'utafaiva for first appellant
Sione Fakahua for second
appellant
Sione Sisifa for respondent
Date of Hearing: 14 July 2005
Date of Judgment: 21 July 2005
JUDGMENT OF THE COURT
[1] The first appellant ("Sefo") was, after amendments to the indictment, charged with four counts of wilfully making a false entry in internal credit vouchers with intent to defraud the ANZ Bank of amounts totalling $18,063.00 and one count of forgery resulting in the bank making an unauthorised loan of $20,000.00. Following a trial before Ford J and a jury, she was found guilty on all counts. On 29 October 2004, she was sentenced to 6 years imprisonment on each count, the final year of the sentence being suspended for 2 years from the date of her release, the sentences to be concurrent. She has appealed against conviction and sentence.
[2] The second appellant ("Tu'ipulotu") was, after amendments to the indictment, charged with five counts of wilfully making a false entry in internal credit vouchers with intent to defraud the ANZ Bank of amounts totalling $27,800.00. In the same trial before Ford J and a jury, she was found guilty on all counts. On 29 October 2004, she was sentenced to 5 years imprisonment on each count, the final year of the sentence being suspended for 2 years from the date of her release, the sentences to be concurrent. She has appealed against conviction and sentence.
[3] A third co-accused, Siniola Faletapu Leleifi was charged on an indictment containing one count of embezzlement. In the same trial, she was found guilty. She was sentenced to 2 years imprisonment, the final year of the sentence being suspended for 2 years from the date of her release. She has not appealed her conviction or sentence.
[4] The charges against another co-accused, 'Alilia Guttenbeil, were dismissed at the end of the case for the Crown on the basis of defects in the charges in the indictment.
[5] The appeals of Sefo and Tu'ipulotu were heard together. As the grounds of appeal are substantially the same, they can be dealt with together.
Background
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