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Tauetia v Reginam [1982] TVHC 1; Criminal Appeal 1 of 1981 (1 January 1982)

IN THE HIGH COURT OF TUVALU
Appellate Jurisdiction
Criminal Appeal No. 1 of 1981

Between:

KELEMENE TAUETIA

and

REGINAM

SUMMARY ORDER OF DISMISSAL

This appeal against conviction and sentence has been lodged by the appellant who was convicted on 27th July 1981 in the Senior Magistrate's Court at Funafuti, Tuvalu of attempted sexual intercourse with a female idiot contrary to section 135(1)(b) of the Penal Code and was sentenced to eighteen months' imprisonment.

The appeal against conviction is essentially on the ground that the decision of the trial Court was unreasonable and could not be supported having regard to the evidence.

The appeal against conviction is on the ground that the sentence was excessive.

I have carefully perused the record of evidence in this case and the proceedings generally in the light of the appellant's written submissions. I am satisfied and do hereby certify that the appeal has been lodged without any sufficient ground of complaint.

In these circumstances and having regard to the powers of this Court under section 275(2) of the Criminal Procedure Code it is ordered that this appeal be summarily dismissed.

(T.U. Tuivaga)
Chief Justice of Tuvalu