Tongahai v The Queen

Tongahai was convicted of murder and appealed against the conviction, contending that the trial miscarried because he was misled by the trial judge and his counsel. The accused argued that the trial judge misled him into believing that he had no right to attend the view and that his counsel misled him into believing that the view could proceed in his absence. The accused contended that the trial miscarried because of these alleged misdirections and that his conviction should be quashed. The Court of Criminal Appeal considered whether the accused was misled by the trial judge and his counsel, and whether the absence of the accused from the view was a true and informed consent. The Court also considered whether the accused was bound by the conduct of his counsel and whether the evidence of communication between counsel and accused was admissible.
The Court held that the accused was not misled by the trial judge or his counsel. The Court found that the accused was properly advised by his counsel that he did not have a right to attend the view and that the view could proceed in his absence. The Court held that the accused was bound by the conduct of his counsel and that the evidence of communication between counsel and accused was not admissible. The Court also found that the absence of the accused from the view was a true and informed consent. The Court held that the trial did not miscarry and dismissed the appeal against conviction. The Court further held that an extension of time should be granted for the notice of appeal to be filed because the accused had been seeking legal aid and the notice had expired while he was seeking legal aid. The Court ordered that the notice of appeal be received as filed on the date it was actually filed.