Rex v Bloomfield [2012] TOSC 23; CR 34 of 2012 (4 May 2012)

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

CR 34 OF 2012

REX

-V-

TEVITA NAMOMO BLOOMFIELD

BEFORE THE HON. JUSTICE SHUSTER

HAVING HEARD - From Crown Counsel, Mr Tu'utafavia and from the defendant in person.

The defendant appears for sentencing - having plead guilty on re- arraignment on the 4th May 2012 to an indictment alleging THREE counts of [1] Importation of a Firearm without a licence. [2] Possession of an arm without a licence and [3] Failure to make a declaration of an arm on importation.

The brief circumstances of the offences are as follows - on 1st December 2011 the defendant arrived in the Kingdom of Tonga on board Air New Zealand NZ 972 from Auckland NZ. He had travelled to NZ from America.

A search of the defendants baggage through the airport X - Ray machine picked up the shape of a firearm - located inside a briefcase.

As a result of the X-Ray findings the defendant was questioned by customs officers the defendant stated the firearm belonged to him and it came from America.

The defendant did not have an import licence for the semi automatic weapon so he was handed over to the police by customs officials. The weapon has been identified as a.22 semi automatic pistol.

The accused is 76 years of age and to his credit the defendant fully admitted his part in this offending in his police ROl CS & CS. However on his first arraignment on 16th April 2012 the defendant pleaded Not Guilty and elected a trial by a Judge and a Jury. On the date of the first PTC the (defendant informed his counsel he wished to change his plea to guilty as a result of that indication the case was listed for the 4th May 2012.

At re-arraignment the defendant was told he would be given credit for his change of plea. Having heard from the defendant and his counsel the court felt there was no need for the case to be adjourned -for the preparation of a PSR as the matter can best be dealt with by a fine - because there were official permits for the weapon as far as Auckland and in transit by Air NZ and the court is satisfied the firearm was not used for any sinister purpose.

Having considered all the facts of the case, and considering the fact that the defendant pleaded guilty on re-arraignment and, the fact the defendant fully co-operated with the police and is 76 years of age; then in my view the most appropriate way of dealing with this case is by way of - A FINE.

The defendants is sentenced as follows:-

Count 1 — the defendant is FINED $750.00TOP
Count 1 — the defendant is FINED $750.00TOP
Count 1 — the defendant is FINED $750.00TOP

The firearm is confiscated and is forfeit to the Crown. The defendant indicates he can pay his fine in full today so he given a formal seven days to pay the fine. Once the defendant's fine has been paid in full,the defendants passport can be returned to him and his name can be removed from the - NO FLY LIST

A copy of this order is to be served on the defendant and on the
Police and the Immigration Department

DATE: 4 May 2012

JUDGE