Rex v Tui'ileila [2011] TOSC 45; CR 153 of 2011 (5 August 2011)

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

CR 153 OF 2011

REX

v

SULI FINEANGANOFO TUI'ILEILA

BEFORE THE HON. JUSTICE SHUSTER

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

The defendant appears for sentencing - having pleaded guilty on arraignment on the 22nd July 2011; to an indictment, alleging a single count of theft of property valued at 1,500.00TOP

On arraignment on 22nd July 2011 the defendant was told he would be given full credit for his early guilty plea and, the case was adjourned for the preparation of a PSR and, the defendant was remanded in custody as it appeared that he was in breach of a court order.

It should be noted that the defendant was NOT a first time offender and he was also in Breach of a Suspended Sentence imposd by Justice Ford.

On 05th August 2011 the defendant appeared from custody for sentencing.

Having considered all the facts of the case, including the contents of the PSR and considering the fact that the defendant pleaded guilty at the first available orrortunity and, the fact the defendant fully co-operated with the police and with this court - and having heard from the defendant in person and noting that he is NOT first time offender and noting the fact the defendant has served the equivalent of a three month sentence whilst he has been on remand-

2
The defendant is sentenced as follows:-

Count 1 - The defendant is sentenced to THREE years in prison -suspended for 3 years conditional upon him keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment - he is also fined thesum of $1,500.00 TOP

He is ordered to pay his $1500.00 TOP Fine at the rate of $20.00TOP per week his first payment into court is due by 12.00 on the 12th August 2011 i/d EIGHT months in prison. The defendant can paymore than $20.00 per week but he cannot pay less than $20.00TOP per week and his payments must be regular

I take no action on the breach of the Suspended Sentence because the defendant has now served the equivalent of three months - on remand and since his last period of offending he has since married and his wife is now pregnant. That is why the defendant has been fined a relatively large amount of which one half $750.00 shall be paid to the complainant as compensation.

I certify that I have warned the defendant about committing any further offences - and of failing to pay his fine as ordered by the court.

This is to be a deterrent sentence, applying the principles enunciated in Crown v Cunningham

JUDGE

DATED 05TH AUGUST 2011