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Kupu v R [2024] TOCA 14; AC 20 of 2023 (13 November 2024)

IN THE COURT OF APPEAL OF TONGA

CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY

AC 20 of 2023
[CR 202 of 2019]

BETWEEN

VILI VUNI KUPU

Appellant

AND

REX

Respondent

Hearing: 24 May and 12 November 2024

Court: Randerson J

Harrison J

Heath J

Counsel: A Kafoa for Appellant
J Lutui, Director of Public Prosecutions, for Crown

Judgment: 13 November 2024

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JUDGMENT (NO. 2) OF THE COURT
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[1] Mr Kupu’s appeal against conviction and sentence was heard on 24 May and 12 November 2024. At the conclusion of the hearing on 12 November 2024, the Court directed that the appeal would be allowed and a re-trial ordered. Set out below are the formal orders pronounced in open Court yesterday. Reasons for our decision will be given as soon as practicable.
[2] We made the following orders:

• (a) Leave to adduce further evidence on the appeal, in the form of the affidavits filed and the oral evidence given by the complainant, is granted.
• (b) The appeal against conviction and sentence is allowed. The convictions and the consequential sentences are quashed.
• (c) A re-trial is ordered.
• (d) Mr Kupu shall be released on bail to a date to be fixed by the Registrar of the Supreme Court once the first call for the re-trial has been fixed. As a condition of bail, Mr Kupu shall not, directly or indirectly, associate or communicate with the complainant. Any other questions of bail shall be addressed in the Supreme Court.

[3] The order made in the Supreme Court suppressing the name and any identifying particulars of the complainant remains in force.

_________________________________
Randerson J
For the Court