Rex v Mauha'apai [2012] TOSC 76; CR 79 of 2012 (17 August 2012)

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

CR 79.2012

REX

V

SILIVELO MAUHA'APAI

BEFORE THE HON. JUSTICE CATO

SUMMARY OF SENTENCE GIVEN ORALLY.

The prisoner pleaded guilty to two counts of house breaking contrary to s 173(1) (b) of the criminal offences act ( cap 18); two counts of theft contrary to s 143 and 145(a) of the criminal offences act ( cap 18) and one count of willful damage contrary to s 187(b) criminal offences act ( cap 18)

The prisoner with another offender broke into commercial premises at night and stole inter alia laptops, mobile phones and alcohol in the sum of about $13,000. Some good were recovered. Security cameras were damaged during the second housebreak.

The prisoner had an earlier conviction for housebreaking for which he had been sentenced to 120 hours community service and to complete life skills program

He pleaded guilty at earliest opportunity. His probation report indicated he was aged 19 living with his uncle and his wife. They attributed his action as linked with peer pressure. He did not work. He grew up with grandparents after parents migrated to New Zealand. Crown memorandum also suggested pressure or coercion from co-offender.

Authorities Vea [2006] TOSC 24 cr231/2006 and Mo'unga [1998] TLR 154

Vea end sentence was 4 years for 3 housebreakings with no suspension; Mounga one break of a warehouse with goods stolen $11,289.00 - 4 years suspended for one.

The court considered that an appropriate overall starting point was four years imprisonment reduced to two years 8 months for early guilty plea, and his youth (aged 19), and all subjective factors. That was fixed as appropriate sentence on a totality basis for the housebreakings.

The sentence of imprisonment was suspended by 8 months on the basis he not commit any further crimes for a period of 2 years on his release. This was on account of his age and the fact he had earlier satisfactorily completed community service and with a view to rehabilitation and to provide him with an incentive to avoid further offending for a period of two years, beyond the period of imprisonment.

On the charges of theft he was sentenced to 6 months on each count to be served consecutively with the head sentence of an effective two years imprisonment. On the wilful damage charge he was sentenced also to 6 months concurrent with the head sentence.
IT IS ORDERED THAT

1. On counts 1 and 3 housebreaking he is sentenced concurrently to two years and eight months imprisonment with the last eight months suspended on the basis he does not commit any further offences punishable by imprisonment for a period of 2 years.
2. On counts 2, 4 and 5 theft (2) and willful damage he is sentenced to 6 months imprisonment to be served concurrently with one another and concurrently with counts 1 and 3.

He was further warned that he could come up for further sentence should he commit further crimes within the two year period.

Dated: 17^th August 2012
JUDGE