Rex v Lolohea [2012] TOSC 4; CR 259 and 286 of 2011 (18 January 2012)

IN THE SUPREME COURT OF TONGA
CR 259 and 286 OF 2011

CRIMINIAL JURISDICTION
NUKU'ALOFA REGISTRY

REX

-V-

PITA LOLOHEA

BEFORE THE HON. ACTING CHIEF JUSTICE SHUSTER

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

The defendant appears for sentencing - having pleaded guilty on arraignment on 12th December 2011; to two indictments alleging two counts of HSB and a count of theft and one court of robbery of property valued at $6500.00.

On arraignment on 12th December 2011 the defendant was told he would be given credit for his early guilty plea, and the defendant was remanded in custody for the preparation of a PSR to 18th January 2012.

The brief facts:-

According to the prosecution the defendant with two others broke into the complainants house they had put on disguises and they hid their faces. Whilst inside the complainants house, they assaulted the victim and covered his face. They stole the property listed in the indictment. Nothing has been recovered. They were turned in to the police by the defendants de facto partner.

Having considered all the facts of the case, and considering the fact the defendant pleaded guilty at the first available opportunity 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 a first time offender – in fact the defendant's police record indicates he has twelve previous convictions for HSB and assault and, just prior to committing these offences the defendant was released from prison after serving a two year prison sentence.

I told the defendant that housebreakings are becoming more prolific and the aggravating feature of this crime is that it was planned and it was premeditated. Further the assailants hid their faces and they assaulted the victim in his own home.

Further the defendant has an atrocious criminal record for a man of just 28 years of age.In the courts view a deterrant sentence is warranted for a night time invasion when the victim is assaulted in his own home by a man with a record such as his

Accordingly the defendant is sentenced as follows:-

CR 259-11
Count ONE– The defendant is sentenced to SIXyears in prison
Count TWO –The defendant is sentenced to TWO years in prison

CR 286-11
Count ONE– The defendant is sentenced to SIXyears in prison
Count TWO –The defendant is sentenced to TEN years in prison

I certify that I have warned the defendant about committing any further offences upon his release from prison. This is to be a deterrent sentence, applying the principles enunciated in the case of Crown –v- Cunningham

N>B> A copy of this order is to be served on the Probation Service – and the Prison Service.

DATED 18th January 2012

JUDGE