Rex v Tu'iono [2012] TOSC 41; CR 119 of 2012 (4 October 2012)

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

CR 119 of 2012

REX

V

'UMUKISIA TU'IONO

BEFORE THE HON. JUSTICE CATO

SUMMARY OF SENTENCE DELIVERED ORALLY

The prisoner pleaded guilty to one count of forgery contrary to section 170(1) (a) and (2) (b) and 171 Criminal Offences Act (Cap 18); three counts of falsification of accounts under S 159(a) of the Criminal Offences Act, and one count of obtaining by false pretences contrary to S 164 of the Criminal Offences Act.

The prisoner had falsified and forged false accounts as an employee in the period of a month enabling her to obtain about $4000.00. Other staffs were involved.

She was aged 26, married with one child- she had developed a drinking problem and this was the reason for her fraud – her husband was concerned about her, probation report reflected this. She was a first offender – was contrite – pleaded guilty at first opportunity.

Applying Sefo [2005] Tonga LR 335; 3-4 years imprisonment starting point for Dishonesty as a servant

Starting point here 3 years reduced to two years for early guilty plea- good prospect for rehabilitation

SENTENCE:

On the forgery and false accounting – concurrent 2 years imprisonment fully suspended on the following conditions;

1. She commit no further crimes punishable by imprisonment for a period of three years;
   
2. She is not allowed to drink alcohol for a period of 2 years;
   
3. Probation for 12 months with conditions;
   
   1. She live where directed by probation;
      
   2. Alcohol and drug addiction programme under the Salvation Army;
      
   3. She attend a Life Skills Programme under the direction of Salvation Army and the Probation Office
      

Obtaining money charge – ordered to perform 100 hours community work.

DATED: 4 OCTOBER 2012

JUDGE