Home | Databases | WorldLII | Search | Feedback Court of Appeal of Tonga

Foliaki v Rex [2015] TOCA 12; AC 4 & 16 of 2015 (16 September 2015)

IN THE COURT OF APPEAL OF TONGA
CRIMINAL JURISDICTION AC 4&16 of 2015
NUKU'ALOFA REGISTRY [CR 128&218 of 2009]

BETWEEN:

1. LEI'ATAUA FOLIAKI
2. PITA LATU
Appellants

AND:

REX
Respondent

Coram: Moore J
Blanchard J
Hansen J

Counsel: Mr'O. Pouono for the Appellants
Mr'A. Kefu AAG/DPP for the Respondent

Date of Hearing: 11September, 2015
Date of Judgment: 16 September, 2015

JUDGMENT OF THE COURT

Introduction
[1] On 7 November 2008 the appellants and three others were sentenced to imprisonment by Ford CJ for terms ranging from 8 to 18 years. They had pleaded guilty to charges arising, in the main, from two robberies that had taken place earlier in 2008. The appellants, who are still serving their sentences, have applied for leave to appeal out of time. Mr. Foliaki was granted leave by Tupou J. Mr. Latu's application was declined as had three previous applications for leave. The refusal to grant leave on the last two occasions was the subject of an unsuccessful appeal to this court.(AC 31 of 2014 & AC 3 of 2015).

[2] The appeals were heard sequentially. As a great deal of the background is common to both it is convenient that they are dealt with in a single judgment.

The facts
[3] The first robbery took place on 20 March 2008. Neither of the appellants was involved. It was carried out by two associates, Samuela 'Alatini and 'Opeti Fekau. They followed the victim's vehicle until it stopped at a shop. Both were disguised. 'Alatini went to the driver's side, threw the victim out of the vehicle and got into the driver's seat. Fekau got into the front passenger's seat. They drove off with a bag containing cash of $6,000, recharge cards to the value of $1,000 and a digital camera valued at $400 which had been on the back seat.