Tuvalu: Anderson v R [2003] TVHC 27; HC Crim Case No 5 of 2003 (26 September 2003)


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A male was convicted of murder. The incident occurred when the male was sixteen years old. Following his conviction, he did not appeal, and had served over four years of his sentence when he petitioned the High Court of Tuvalu for a review of his case, given that he was a minor when the crime occurred. In deciding on the case, the Court cited the CRC and said that Tuvalu, as a signatory, was “required to review [its] laws in relation to children.” The Court then suggested that legislation be passed mandating greater review by the government of life imprisonment or sentences of many years, especially for children. However, the Court refused to alter the applicant’s sentence of life imprisonment, as he had not appealed and was essentially asking the Court to review one of its earlier decisions.

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