Rex v Tonata [2012] TOSC 11; CR 08 of 2011 (10 February 2012)

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

CR 08 OF 2011

REX

-V-

FALAKIKO TONATA

BEFORE THE HON. JUSTICE SHUSTER

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

The defendant appears for sentencing - having plead GUILTY on re-arraignment on 10th February 2012 to an indictment, alleging the unlawful possession EIGHT LIVE ROUNDS of ammunition for a.22 rifle.

These offences are alleged to have occurred on or about November 2010 at Fatai, it is important to note that this defendant was not involved in threatening anyone with a firearm or ammunition and these live rounds were found during a police search for illicit drugs.

Having considered all the facts of the case, and noting the defendant is a first time offender

The defendant is sentenced as follows:-

Count 1 – The defendant is FINED $1,000.00TOP

The defendant indicated he could not pay his $1,000.00 fine in full today, so a reasonable offer was made to pay off his debt.

The court orders the defendant pay his $1,000.00 fine at the rate of $20.00TOP per week - the first payment of $20.00 is due one week from today, on 17th February 2012 by 12.00.

The defendant can pay more than $20.00 each week, but he may not pay less than $20.00 per week.

In default of payment the defendant will serve EIGHT months in prison.

The defendant indicated he understood the effect of not paying his fine

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

The Court orders the ammunition seized is forfeit to the Crown

DATED 10th February 2012

JUDGE