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Pouvalu v Rex [2009] TOCA 4; AC 04-2009 (10 July 2009)

IN THE COURT OF APPEAL OF TONGA
NUKU’ALOFA REGISTRY

AC 04 of 2009

BETWEEN:

FEKITA POUVALU
Appellant

AND:

REX
Respondent

Coram: Ford P
Burchett J
Moore J

Counsel: Mr Fifita for the Appellant
Mr Kefu for the Respondent

Date of hearing: 6 July 2009.
Date of judgment: 10 July 2009.

JUDGMENT OF THE COURT

Introduction

[1] On 29 July 2008, after a judge alone trial, Schuster J. found the appellant guilty on one count of fraudulent conversion of property and one count of interference with the course of justice. The case related to the unlawful conversion of a motor vehicle. The appellant was sentenced on 16 December 2008. The sentencing order stated:

"1. The accused is to pay 1,000 pa'anga into court as compensation within seven days from today, then a further 3,000 pa'anga by 27 July 2009.

2. The accused is to bound over to come up for judgment on 27 July 2009 in the sum of 1,000 pa'anga. If he does not pay the full amount of 4,000 pa'anga by 27 July, 2009."

[2] The appellant has appealed against sentence only. He managed to pay the initial $1000 but he claims that the total compensation award of $4000 was excessive and had no foundation at law.

The Facts

[3] The appellant is an engineer by trade and carries out vehicle repairs from his residence. The motor vehicle in question was a van belonging to Kimipu 'Inoke. The primary judge cited in full the following voluntary statement which the appellant made to the police: