The Queen v Tuputala

[2007] NZCA 63

IN THE COURT OF APPEAL OF NEW ZEALAND

CA393/06
[2007] NZCA 63

THE QUEEN

v

SAULO TUPUTALA

Hearing:12 March 2007

Court:Robertson, Baragwanath and Venning JJ

Counsel:Appellant in person

J M Jelas for Crown

Judgment:13 March 2007 at 10.30 am

JUDGMENT OF THE COURT

THE APPEAL IS DISMISSED.

____________________________________________________________________

REASONS OF THE COURT

(Given by Robertson J)

[1]       In this appeal against sentence the appellant appeared for himself with the assistance of a Samoan interpreter.

[2]       The notice of appeal contended that the sentence was manifestly excessive having regard to his lack of previous convictions, his contribution to his community and church involvement, and his intention to leave New Zealand immediately at the conclusion of the sentence.

[3]       When the matter was called, Mr Tuputala advised (through the interpreter) that he did not wish to continue with his appeal.  We took a few moments to discuss with him what he was saying to ensure that he understood the consequences of his decision.

[4]       We stood the matter down for about 15 minutes and invited the interpreter to go into the cells to talk through the matter with the appellant and to confirm that he did not wish the matter to proceed.

[5]       When the case was called a second time, we were handed a note which had been written out by the interpreter and signed personally by Mr Tuputala which said:

I, appellant, Saula Tuputala wishes, and confirm to withdraw my appeal against my sentence.

I agree that I will carry out my custodial sentence which was read out to me on 09/08/06.

Signed: Saulo T. 12/03/07

[6]       We again (through the interpreter) asked Mr Tuputala to confirm that that was his position and he did.

[7]       Accordingly his application to withdraw the appeal was granted and the appeal dismissed.

Solicitors:
Crown Law Office, Wellington