Rex v Tohifolau [2012] TOSC 67; CR 87 of 2012 (2 November 2012)

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

CR 87 of 2012

REX

v

STONE NGALU TOHIFOLAU

BEFORE THE HON. JUSTICE CATO

SUMMARY OF SENTENCE DELIVERED ORALLY.

The prisoner pleaded guilty to one count of money laundering under section 17 (1) (a) (b) of the Money Laundering and proceeds of Crimes Act 2000, and attempted interference with justice contrary to section 65 of the Criminal offences Act.

This was low end receiving of stolen property and on-sale of it - he attempted to concoct a statement with a co-accused - he was a married man working earning just over $100.00 per week.

The offending constituted a breach of a suspended sentence for house breaking and theft for which he had been sentenced to three years imprisonment, fully suspended with conditions that he perform 120 hours community work; and pay a fine of $3000.00 (30 pa'anga per week) pa'anga imposed by Schuster J.

An application to activate the suspension under s 24 (c) was declined because the prisoner had performed his community work and had paid about 600.00 of his fine. It was regarded as a special circumstances case - S 24 (e) of the Act. The sentence of suspension was increased by a further 6 months.

On the money laundering (said by the Crown to be low end) and on the perversion of the course of justice charges he was sentenced to community work of 60 hours cumulatively - total 120 hours

Also of importance in this sentencing was the early guilty pleas issue of co-operation with authorities and assistance in relation to prosecution of another serious offender which diminished the perversion of the course of justice charge.

JUDGE

DATED: 2 NOVEMBER 2012