Rex v Fiefia [2012] TOSC 8; CR 305 of 2011 (3 February 2012)

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

CR 305 OF 2011

REX

-V-

SIOFILISI FIEFIA

BEFORE THE HON. JUSTICE SHUSTER

HAVING HEARD - Crown Counsel, and from the defendant in person.
The defendant appears for sentencing - having pleaded guilty on first arraignment on 20th January 2012; to an indictment alleging [1] thirteen offences of HSB and [2] fifteen offence of theft and [3] one count of abetment to HSB.

According to the Crown these offences were allegedly committed between January 2011 and July 2011 – and the total value of the property stolen by the defendant was in the amount of $26,118.00 and so far the Crown say $13,220.00 been recovered. The loss involves a significant amount of money over a long period of time and was committed while the defendant was subject to a suspended prison sentence imposed on 01st October 2010 by this court for offences of HSB and theft.

On arraignment on 20th January 2012 the defendant was told he would be given credit for his guilty pleas and, the case was adjourned for the preparation of a PSR to 14.00 hours on 03rd February 2012 and the defendant was remanded in custody for the preparation of his PSR
It should be noted the defendant is NOT a first time offender, having previously been sentenced in the Supreme Court for House Breaking / theft in files - CR135/5-2010 so at the time of his offending, the defendant was subject to a 30 months suspended sentence - imposd by the Supreme Court on 01st October 2010

On 03rd February 2012 the defendant appears for sentencing.

Having considered all the facts of the case, including the contents of the PSR and considering the fact that the defendant pleaded guilty on 20th January 2012 and, that by committing these offences involving considerable loss to others and the fact - the defendant is in breach of a suspended sentence as a result of committing these offences.

I told the defendant in open court that my staring point for a man with his history of offending, and looking at the amount of property stolen and his frequency of offending – then a sentence of between 7/8 years in prison even on guilty plea as a deterrant sentence was appropriate in this case as the houses broken into in most cases the victims were in the house and asleep and that is an aggravating feature.

However because the defendant indicated he wished to plead guilty I take this fact - into account when sentencing the defendant

The defendant is sentenced as follows:-

The court ACTIVATES IN FULL THE SUSPENDED prison sentence imposed by this Court on 01st October 2010 - in files 135/136 of 2010 .

Count 1 File CR305-2011– The defendant is sentenced to SIX years in prison – the last two and a half years are suspended conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 2 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

Count 3 File CR305-2011– The defendant is sentenced to SIX years in prison – the last two and a half years are suspended conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 4 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

Count 5 File CR305-2011– The defendant is sentenced to SIX years in prison – the last two and a half years are suspended conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 6 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

Count 7 File CR305-2011– The defendant is sentenced to SIX years in prison – the last two and a half years are suspended conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 8 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

Count 9 File CR305-2011– The defendant is sentenced to SIX years in prison – the last two and a half years are suspended conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 10 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

Count 11 File CR305-2011– The defendant is sentenced to SIX years in prison – the last two and a half years are suspended conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 12 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

Count 13 File CR305-2011– The defendant is sentenced to SIX years in prison – the last two and a half years are suspended conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 14 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

Count 15 File CR305-2011– The defendant is sentenced to SIX years in prison – the last two and a half years are suspended conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 16 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

Count 17 File CR305-2011– The defendant is sentenced to SIX years in prison – the last two and a half years are suspended conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 18 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

Count 19 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

Count 20 File CR305-2011– The defendant is sentenced to SIX years in prison – the last two and a half years are suspended conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 21 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

Count 22 File CR305-2011– The defendant is sentenced to SIX years in prison – the last two and a half years are suspended conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 23 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

Count 24 File CR305-2011– The defendant is sentenced to SIX years in prison – the last two and a half years are suspended conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 25 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

Count 26 File CR305-2011– The defendant is sentenced to SIX years in prison – the last two and a half years are suspended conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 27 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

Count 28 File CR305-2011– The defendant is sentenced to SIX years in prison – the last two and a half years are suspended conditional upon the defendant keeping the peace and being of good behaviour and committing no further offending during the period of the suspension of the sentence of imprisonment

Count 29 File CR305-2011 – The defendant is sentenced to FOUR years in prison – concurrent.

The defendant will serve – SIX YEARS in prison from the date of his first remand in custody which was 25TH November 2011 - on his release from prison he will be subject to TWO AND A HALF YEARS suspended sentence

I certify I warned the defendant about committing further offences whilst on a suspended sentence

This is to be a deterrent sentence, applying the principles enunciated in Crown –v- Cunningham

N>B> A copy of this order is to be served on the Prison Service and the Probation Service - Forthwith.

DATED 03rd FEBRUARY 2012

JUDGE