Giltrap v Public Prosecutor - Release order

Court Court of Appeal

Case type Criminal Appeal

Case number 1811 of 2019

Hearing date 07 Nov 2019

Decision date 15 Nov 2019

Official PDF document

Judge(s) Justice John William von Doussa; Justice John Hansen; Justice Oliver Saksak; Justice Dudley Aru; Justice Gustaaf Andrée Wiltens; Justice Viran Molisa Trief

Appellant(s) Nigel John Giltrap

Respondent(s) Public Prosecutor

Counsel Mr M. J. Hurley for the Appellant; Mr D. D. Boe for the Respondent

REASONS FOR JUDGMENT

ORDER

UPON HEARING counsel, the Court orders as follows:

1. That the appeal against convictions is dismissed;

2. The appeal against sentence is allowed. The sentence imposed in the Supreme Court is set aside. In lieu thereof this Court imposes a sentence of 2 months imprisonment on each charge to be served concurrently;

3. The 2 months imprisonment sentenced imposed has been served and the appellant is to be released from custody immediately.

DATED at Port Vila, this 7th day of November, 2019.

BY THE COURT

 

Hon. John William von Doussa
Judge.