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Taliu v Crown [2015] TVHC 8; HC Crim App Case 2.14 (21 March 2015)

IN THE HIGH COURT OF TUVALU
At Funafuti
Criminal Jurisdiction

HC. Crim. App. Case no. 2/14

Between:

Binesh Taliu
Appellant

v

CROWN
Respondent

BEFORE THE JUDGE

Ms. Filiga Taukiei for the Appellant.
Mr. Stella Aitcheson for the Respondent.

Reasons for Judgment

The Appellant, then a man about 18, in November 2013, hurried and harassed a young lady from Taiwan, a volunteer teacher, who was jogging on the road near to the airstrip. It was about 9 o'clock at night. When she didn't stop for him, he hit her on the face. She screamed and people came to help her. It must have been a very frightening experience for a young woman, especially one from another country.

The Appellant complains of the severity of the sentence.

In Katalake's case (Crim App Case 1/14) I explained again the principles upon which an appellate court should consider sentence. I shall not repeat them.

There is no reason to think the Senior Magistrate did not take into account the mitigating circumstances put to him.The sentence of 4 months imprisonment is within range, within the bracket of acceptable punishment for this offence.

The Court should not interfere.

The prisoner has already served 19 days in gaol for this offence, from 22 April 2014 to 9 May 2014. Those days spent in custody should be taken into account in calculating the time in gaol he still has to spend.

The Appeal is dismissed.

Date 21st day of March 2015.

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