Rex v Taufa [2012] TOSC 21; CR 35 of 2012 (30 April 2012)

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

CR 35 OF 2012

REX

-V-

'OFILA TAUFA

BEFORE THE HON. JUSTICE SHUSTER

HAVING HEARD - Crown Counsel, Defence Counsel Ms Lesina Tonga and from the defendant in person.

The defendant appears for sentencing - having pleaded guilty on first arraignment on 16th April 2012; to an indictment, alleging a single count of Grievous Bodily Harm on his entering a guilty plea the defendant was convicted. The facts were then opened and agreed.

On 16th April 2012 the case was adjourned for the preparation of a PSR's and the defendant was remanded on conditional bail to appear for sentence on 30th April 2012 @14.00.

It should be noted the defendant is a Not a first time offender, but it is to his credit the defendant fully admitted his part in this assault, to the police during his police interview, and, to this court on pleading"guilty' on first arraignment. The court must give the defendant full credit for him accepting responsibility for his offending, at the first available opportunity.

THE BRIEF FACTS

The prosecution claims - on the evening of 01st January 2012 the complainant had dinner with friends at the Green Island Restaurant at Ma'ufanga. Their dinner ended at about 11pm. After dinner the victim went outside and headed to the vehicle parking lot where the Court was told a heated argument took place. The restaurant manager walked outside to see what the commotion was all about.

While the argument took place the defendant who lives opposite the Green Island Restaurant was watching movies at home. The defendant heard the loud noise, the commotion and walked outside to investigate going into the Green Island Restaurant parking lot. The defendant approached the manager Xi Lin to find what was going on., She tried to tell the defendant that everyting was alright. The accused ignored Xi Lin and he went and he punched the victim. As a result of the punch the victim fell backwards, hitting his head on the pavement and he fell unconscious

The Crown say the victim was taken to hospital and later taken to hospital in Sydney for further medical attention. The Crown were unable to say what the victims condition is at the current time, or, whether the victim has recovered and returned to Tonga or not. The defendant was later arrested and he admitted his part in committing the offence to the police in his ROI CS & CS.

On 3Oth April 2012 -the defendant appeared for sentencing.

Having considered all the facts of the case - this was a serious offence involving a strike to the victims head which resulted in him falling backwards and hitting his head on the pavement injuring a vulnerable part of his body.

I told the defendant my starting point for this type of offending- involving an assault on a person left unconscious would be a prison sentence of between 36 -48 months imprisonment BUT that length of a prison sentence would be based on a NOT guilty plea and would be for a first time offender. It should be noted that the defendants previous convictions are from 20 years -12 years ago.

Considering all the facts the defendant is sentenced as follows:-

Count 1 – The defendant is sentenced to THREE YEARS in prison – AND HE IS ORDERED TO PAY A FINE OF 500.00- however the whole of the prison sentence is suspended for the next THREE YEARS conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment.

The defendant was unable to pay the $500.00 fine immediately, so he is ordered to pay the sum of $500.00 within 60 days from todays date. In default of payment the defendant will serve THREE months in prison.

NB- One half of the fine of $500.00TOP is to be given to the complainant by way of compensation for HIS INJURIES i.e. $250.00TOP

I certify I have warned the defendant about the consequences of committing any further offences during the period the sentence is suspended and of the consequences of not paying fines or completing community orders and courses.

The defendant indicated he understood these warnings. This is to be a deterrent sentence, applying the principles enunciated in the case of - Crown –v- Cunningham

A copy of my sentencing remarks are to be served on the defendant the Probation Service and the Salvation Army

DATED 30th April 2012

JUDGE