Rex v 'Eukaliti [2011] TOSC 43; CR 290 of 2008 (9 September 2011)

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

CR 290 OF 2008

REX

v

TALILOTU 'EUKALITI

BEFORE THE HON. JUSTICE SHUSTER

HAVING HEARD - Crown Counsel, Mr Kaufusi and from the defendant in person.

The defendant appears for sentencing - having pleaded guilty on re-arraignment on 15th August 2011 before me; to THREE counts in an indictment, alleging ten counts alleging [1] an eight counts of theft and [2] two counts of embezzlenent allegedly committed in the summer of 2008 the guilty pleas relate to the theft of $34,146.52TOP from her employer and the case was trial ready. The court received notification the defendant wanted to change her pleas to counts 6, 7 and 8. The Crown offered no evidence to the remaining counts 1-5 and 9 and 10 on 9th September 2011

On re-arraignment on 15th August 2011 the defendant was told she would be given credit for her change of plea and, the case was adjourned for the preparation of a PSR and, the defendant was remanded on bail with a condition that she co-operates in the making of a PSR the case being adjourned to 09th September 201. It should be noted that the defendant is a first time offender

On Friday 09th September 2011 the defendant appeared for sentencing the court had been provided with a copy of the PSR by the probation service.

Having considered the facts of the case, including the contents of the PSR and considering the fact that the defendant changed her pleas to guilty and, the fact the defendant co-operated with the police - and having heard from the defendant in person, noting the defendant is a first time offender

The defendant is sentenced as follows:-

Count 1 - The defendant is sentenced to TWO years in prison - suspended for THREE years, conditional upon her keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 2 - The defendant is sentenced to TWO years in prison - suspended for THREE years, conditional upon her keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 3 - The defendant is sentenced to TWOyears in prison - suspended for THREE years, conditional upon her keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment - {CONCURRENT}

ADDITIONALLY

The defendant is ordered to pay $34,148.00.00TOP to the complainant via the Supreme Court - by way of a compensation order- as she is in employment and she told the court she wants to make full repayment

The defendant was unable to pay $34,148.00 TOP compensation infull today so she is ordered to pay at the rate of $60.00TOP per week with the first payment being made by Friday 16th September 2011 by 12.00. The defendant can pay more than $60.00 each week but she cannot pay less-than $60.00 in default of payment she will serve 12 months in prison

I certify I have warned the defendant about committing any further offences and of failing to pay her COMPENSATION ORDER, as ordered. This is to be a deterrent sentence, applying the principles enunciated in Crown v Cunningham

JUDGE

DATED 09th SEPTEMBER 2011