Rex v 'Ufi [2012] TOSC 77; CR 78 of 2012 (14 September 2012)

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

CR 78 of 2012

REX

v

SIONE 'UFI

BEFORE THE HON. JUSTICE CATO

SUMMARY OF SENTENCE DELIVERED ORALLY

The prisoner had pleaded guilty to two counts of housebreaking under S 173 (1) (b) of the Criminal Offences Act (Cap 18) and 2 counts of theft under section 143 and 145 (a) of the Criminal Offences Act. He had also pleaded guilty to a wilful damage charge, at the earliest opportunity. In all about $13, 00 worth of property was stolen. Security cameras were also damaged.

A co-offender CR79/2012 Silivelio Manuha'apai aged 19 with a previous history of house breaking had been imposed where a non custodial sentence of community work and life skills program both of which been completed, was sentenced to two years eight months, with 8 months suspended conditional on no further offending for two years.

This offender was 19 and had returned to school, where he was progressing well particularly in art studies a subject in which it was considered he could have a professional future. He had a very good probation report, and references and support. Although he had a previous and recent conviction for low end receiving, he had not been convicted of housebreaking or theft. He recently had a bout of rheumatic fever from which he seemed to have recovered.

I was asked to fully suspend his sentence and after the Crown consulted with the Solicitor General there was no opposition to this.

I regarded this as a rather exceptional case because there was clear evidence of the likelihood of genuine rehabilitation, and the offender had returned to school where he was progressing well. Only concern was parity with co-offender but he had a previous conviction for house breaking and theft.

SENTENCE:

On the housebreaking offences, concurrent sentences of 2 years 8 months imprisonment fully suspended on the following conditions:

1. Not to commit any further crime punishable by imprisonment for three years.

2. To continue with his studies to completion of his schooling.

3. Under direction of probation office;

a. To live where directed

b. No to consume alcohol

c. For 6 months to remain at home between the hours of 7pm and 7am.

d. Also to attend the following courses when directed by probation;

i. Alcohol and drug addiction program under the direction of the Salvation Army;

ii. A life skills course under the direction of the Salvation Army.

4. On all other offences 6 months imprisonment concurrent with count one that is fully suspended.

JUDGE

DATED: 14 SEPTEMBER 2012