Rex v Naeata [2012] TOSC 70; CR 18, 44-45 of 2011 (24 August 2012)

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

CR 18/2011
CR 44-45 2011

REX

V

OPETI AFA NAEATA

BEFORE THE HON. JUSTICE CATO

SUMMARY OF SENTENCE DELIVERED ORALLY

The prisoner pleaded guilty to one count of house breaking contrary to s 173(1) (b) of the criminal offences act ( cap 18); one count of attempted housebreaking under s 4(2) and 173(a) of the Criminal Offences Act cap 18, and indecent assault contrary to s 124 Crimes s Act ( cap 18)

The prisoner on the 18th November 2010 at approximately 3am broke into a house where the victim and her sister were asleep. He walked over to the victim and kissed her on the cheek.

He then was standing at the door. She woke up and he left.

On the 22nd November, 2011, he again at about the same time attempted to break in again. He lied and said he wanted to retrieve a volley ball.

The prisoner was known to the complainant.

He pleaded guilty to the offences having been first arraigned on the 13th April 2011, on the 23rd July 2002 shortly before trial.

In relation to a further indictment CR 18/2011 he pleaded guilty to indecent assault of a girl under the age of 16. She was a student at the same school. The allegation here was that they had met at a school seminar. He at the time was suspended from school. She introduced herself. He asked her to walk with him and then asked her to go to the men's bathroom and pulled her in there. He kissed her and then sucked her breast and she kissed him after he had asked her to kiss him after she had told him she wanted to leave.

He had been arraigned on that charge also on the 4th February 2011 and changed his plea on the 23rd July 12.

On the 21st January 2012 under CR 60/12, he committed one further offence of housebreaking and a further indecent assault.

On this occasion, again in the early hours of the morning he had after drinking passed by an open window where a child was sleeping. He reached in and touched her underwear and tried to pull it down. The child called out and he ran away.

On this occasion, he pleaded not guilty on arraignment on the 3rd May 2012 to housebreaking and indecent assault on a girl aged under 12. He later changed plea.

He was sentenced on the 29th June 2012, under CR 60/2012 as a first offender to a bond of 2 years on housebreaking with conditions namely he was on probation and further he had to attend an alcohol and drug addiction course under the direction of the probation office, live where directed by Probation and follow any other reasonable requirement of probation.

On the charge of indecent assault he had been sentenced to 80 hours community work.

At the time of his sentence on the present charges CR 18/2011 CR 44-5 2011, the court was faced with a situation where he had been sentenced already for later charges as a first offender. It was also reported that he had completed his community work.

He was given credit for his guilty pleas albeit that they were late and had worked to his advantage. The fact he had responded to community work was also to his advantage. He was a young man 20 when the offences were committed. He lived with his mother. He had left school but it seems was a older student. His father was overseas. An approach of a rehabilitative kind, taking in to account his age, guilty pleas and the fact he had completed community work was adopted. The ofending wa also low end indecency.

THE ORDERS OF THE COURT AS TO SENTENCE WERE;

1. As a deterrent on the housebreaking (actual and attempted) in CR44-5 /2011, he was sentenced concurrently to a period of imprisonment of two years fully suspended on condition that he remain of good behaviour and not commit any further offences punishable by imprisonment for a period of three years.
2. On the indecency charges in CR- 44-5/2011 and in CR 18/2011 he was sentenced to concurrent sentences of a bond and probation for 12 months concurrent with the sentence of probation and bond of two years imposed under CR 60/2012. With conditions.
3. In addition on the charge of indecency under CR 18/2011, he was sentenced to further conditions;
   1. That he attend a life skills program under the direction of the probation office ( Salvation Army)
   2. That he attend a course on sexual offending and abuse run by the woman's crisis centre on the direction of the probation office.
   3. That he forthwith contact the probation office and attend and complete such courses as and when directed
   4. Reside where directed by his probation office.

He was warned that he must not commit any further crimes for a period of three years and must abide by the conditions of his bond and probation and or he could be ordered to come up for further sentence.

DATED: 24^th August 2012 JUDGE