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Togabiri v Crown [2014] TVHC 5; Criminal Appeal 04.2013 (21 February 2014)

In The High Court of Tuvalu
HC. Crim. App. case no. 4/13
At Funafuti

Criminal Appellate Jurisdiction

Between:

Tasesa Togabiri
Appellant

v

Crown
Respondent

BEFORE THE JUDGE

Ms. Nele Semu for the appellant.
Mr. Efren Jogia for the respondent.

The appellant was sentenced, on his plea of guilty of attempted rape, to two years imprisonment.

The appellant has appealed contending that the sentence of imprisonment should have been suspended.

Whether to suspend a sentence of imprisonment is a matter of discretion in the sentencing court. A higher court should not interfere with the exercise of that discretion unless it has, for some reason, apparently miscarried.

Whatever I may have done had I been sentencing the appellant the learned Senior Magistrate's discretion has not apparently miscarried. Therefore the High Court should not interfere.

The appeal is dismissed.

Date 21st day of February 2014.

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