Rex v Katoa [2011] TOSC 41; CR 70 of 2011 (27 May 2011)

IN THE SUPREME COURT OF TONGA
CRIMINIAL JURISDICTION

CR 70 OF 2011

REX

v

SIONE KALI TAISENIE KATOA

BEFORE THE HON. MR. JUSTICE SHUSTER

HAVING HEARD from Crown Counsel, and from the defendant in person

The defendant appears before the court for sentencing: -

According to the court record the defendant pleads guilty on 15TH April 2011; to a four count Indictment alleging offences of: - Housebreaking and Theft x two. the case was adjourned by the court for the preparation of a PSR and the defendant was released on conditional bail. That PSR was completed and is before the court today

1. On 27th May 2011 the defendant appeared for sentencing.

2. Having considered all the facts and having heard from the defendant in person and considering the PSR filed today - the defendant confirmed in court that he is a first time offender

3. I told the defendant my starting point for an offender with NO record of offending for Housebreaking and Theft X two - was a sentence of two years imprisonment based on a NOT guilty plea.

4. However on the facts of this case today - the defendant is sentenced as follows:-

Count 1 - the defendant is sentenced - Probation Order for two years

Count 2 - the defendant is sentenced - 120Hours CSO and to enroll in and complete the SA Drugs and Alcohol Awareness Course

Count 3 - the defendant is sentenced - Probation Order for two years

Count 4 - the defendant is sentenced - Probation Order for two years

5. The Court considered further the defendant's early guilty pleas and the fact the defendant by his guilty plea had not prevaricated or wasted the courts time.

6. The defendant on his part accepted the facts and he fully admitted his part in offending in a serious case

7. The defendant expressed his remorse and apologized for his actions.

CONSIDERING THE CIRCUMSTANCES OF THIS CASE - PROBATION IS APPROPRIATE

• The defendant was warned re committing further offences, or not completing his CSO
  
• A Copy of this Order is to be served on the Probation Service forthwith
  

JUDGE

DATED 27TH MAY 2011