Rex v Kaumatule [2012] TOSC 69; CR 93-94 of 2012 (17 August 2012)

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

CR 93-94/2012

REX

v

POASI KAUMATULE
LAKI TAUHALALIKU

SUMMARY OF REASONS

BEFORE HON. JUSTICE CATO

Each prisoner pleaded guilty to two counts causing bodily harm contrary to s.107 of the Criminal Offences act (Cap 18)

The prisoners were involved in a fight with the first victim. There was some suggestion advanced in probation reports that this was a consequence of actions taken by the complainants against a third party on a previous occasion, but there was no actual provocation here.

The second prisoner punched the victim and kicked him and he was joined in the action by the first prisoner. No serious injuries were incurred. Bystanders broke up the fight.

The prisoners were told to leave and left the area and encountered the victim's father walking along the street. They punched and kicked him also. The second prisoner got a rock and bashed the victim with it around the face occasioning some lacerations. He recovered from this after a few days.

The prisoners pleaded guilty at the first opportunity. Both had convictions for prior assaults. The second prisoner had been given 12 months probation on the 22nd July 2010.

Both were remorseful. The first prisoner had apologized to the victim and he appeared to accept this. An apology had been offered to the second victim by the second prisoner but he did not accept this.

Both maintained young families and relationships. The first prisoner was aged 21 and the second 29.

Neither had serious criminal convictions. Both probation reports suggested that the prisoners were remorseful, and were on the whole optimistic reports.

The first prisoner was a Mormon, was described as very active in church matters and did not drink. The second prisoner admitted to have been influenced by alcohol.

The court considered of the two prisoners the more culpable in commencing the fight, and using the rock was Laki Tauhalaliku.

After considering various authorities, including Hu'ahulu v Police [1994] Tonga LR 93

IT IS ORDERED THAT in relation to both prisoners:

1. Imprisonment on count 2 ( the rock incident) for two years fully suspended on conditions- ;
   • (a) That they remain of good behavior and commit no further crimes for a period of three years.
   • (b) That they attend an anger management course under the direction of the Probation office ;

In relation to the Second prisoner Laki Tauhalaliku

• (c) that he ALSO attend an alcohol and drug course held by the Salvation Army under the direction of the Probation office

2. In relation to count one;

That the First prisoner Poasi Kaimatule carry out community work of 50 hours to be commenced at a date appropriate for the probation service and under the direction of that service or delegate;
That the Second prisoner Laki Taukalaliku carry out 100 hours community work —under the direction of the probation office or delegate and to commence at a date appropriate for the service.

Both prisoners were warning that they must not commit any further crimes for a period of three years and must abide by the conditions of suspension and perform their community work or they could be ordered to come up for further sentence.

DATED: 17^th August 2012

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JUDGE