Rex v Finau [2011] TOSC 40; CR 252 of 2010 (4 March 2011)

IN THE SUPREME COURT OF TONGA
CRIMINIAL JURISDICTION
NUKU'ALOFA REGISTRY

CR 252 OF 2010

REX

v

HOLOMEESI FINAU

BEFORE THE HON. JUSTICE SHUSTER

HAVING HEARD from Crown Counsel, Mr. Tu'utafavia, and from the defendant in person

The defendant appears for sentencing - having pleaded guilty on arraignment on the 6th January 2011 before me, to an eight count indictment alleging, four counts of housebreaking and four counts of theft.

On the 6th January 2011 the defendant was told he would be given full credit for his early guilty pleas, and the case was adjourned for the preparation of a PSR to the 19th January 2011.

The defendant did not attend the Probation Office as ordered by the Court and on his next appearance on the 19th January 2011 he was remanded in custody for the preparation of a PSR and was remanded for non compliance with a Court Order.

On the 4th March 2011 the defendant appeared for sentencing and having considered all the facts especially considering the defendant pleaded guilty at the first available opportunity and that he co-operated with the police the court order is that the defendant is sentenced as follows:-

Count 1 - three years imprisonment
Count 2 - three years imprisonment
Count 3 - three years imprisonment
Count 4 - three years imprisonment
Count 5 - three years imprisonment
Count 6 - three years imprisonment
Count 7 - three years imprisonment
Count 8 - three years imprisonment

All sentences are to be served as a concurrent sentence.

I then go on to consider whether I can suspend the sentence of THREE YEARS which I have just passed, because these offences were committed with others, during the period July- September 2010 and the defendant has fully admitted his part in his offending - I have decided to suspend the whole of the sentence which I have just passed especially because of his youth.
The defendant was told - that if he committed any further offence or offences within the next three years then he would inevitably be sentenced to a long period in prison.

The defendant was told the number and frequency of housebreaking offences here in the Kingdom was increasing, and that is the reason for passing a deterrent sentence today. The defendant indicated he understood the effects of non compliance with a Court Order

JUDGE

DATED 4TH MARCH 2011