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Fakaulu v R [2004] TongaLawRp 22; [2004] Tonga LR 150 (19 July 2004)

IN THE COURT OF APPEAL OF TONGA

Fakaulu

v

R

Court of Appeal, Nuku'alofa
Burchett, Tompkins, and Salmon JJ
CrApp 6/2004

19 July 2004; 19 July 2004

Practice and procedure – leave to withdraw appeal – granted – appeal dismissed

The appellant pleaded guilty to one count of housebreaking and one count of theft. He was sentenced and applied for leave to appeal out of time. The application was granted. Counsel for the appellant applied for leave to withdraw the appeal.

Held:

1. Leave to withdraw the appeal was granted. The appeal was accordingly dismissed.

Counsel for appellant: Mr Fifita
Counsel for respondent: Mr Kefu

Judgment

[1] The appellant pleaded guilty to one count of housebreaking and one count of theft. On 23 January 2003 he was sentenced by the Chief Justice to three years imprisonment on the housebreaking count and 15 months imprisonment on the theft count. Those sentences were to be concurrent and concurrent with the sentence he was currently serving.

[2] The appellant applied for leave to appeal out of time. The respondent not opposing, the application was granted.

[3] After an adjournment to 2 pm, counsel for the appellant applied for leave to withdraw the appeal. That application is granted. The appeal is accordingly dismissed.