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Crown v Tavau [2014] TVHC 14; Misc. Referral 03.2013 (21 February 2014)

In The High Court of Tuvalu
HC. Misc. Referral case no. 3/13
At Funafuti

Criminal Jurisdiction

Referral Case

Between:

Crown

v

Teii Tavau

BEFORE THE HIGH COURT

Ms. Laigane Italeli for the Crown
Ms. Filiga Taukiei for Tavau.

Memorandum to the learned Senior Magistrate.

Teii Tavau was charged with resisting arrest contrary to section 117of the Criminal Code. He came home drunk and was making such a nuisance of himself that the family called the police to come to restrain him. Two police officers came: Tavau resisted them, was handcuffed and taken to the police station.

He has pleaded guilty to resisting arrest. But on your view the facts do not support the charge. I agree with you. At the time of the arrest Tavau had not been charged with an offence. He was not being arrested " for an offence ".

That is the condition precedent to the operation of the section. It was not met. Therefore Tavau could not be guilty of an offence under section 117.

I suggest that the correct procedure is for you to substitute for the plea of guilty a plea of not guilty and then to find the accused not guilty.

Date day of 2014.

Hon. Robin Millhouse QC
JUDGE OF THE HIGH COURT OF TUVALU