Rex v X [2012] TOSC 81; CR 116 of 2012 (28 September 2012)

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

CR 116 of 2012

REX

V

X

BEFORE THE HON. JUSTICE CATO

SUMMARY OF SENTENCE DELIVERED ORALLY

The prisoner pleaded guilty to one count of incest of his daughter aged 12 contrary to section 132 (1) of the Criminal Offences Act, and indecent assault contrary to S 124 (1) of the Criminal Offences Act (Cap 18)

Prisoner lived on Eua - age was 61. Only child aged 12. He had a previous conviction for indecent assault on a minor, a child under the age of 12. This child was fostered by the accused and his wife before he sexually abused her. That child was his wife's child from a previous relationship. Predatory approach to the offending

The prisoner pleaded guilty at the earliest possible opportunity and showed what the court regarded was genuine remorse - he spoke at length of his sorrow and he had turned to the church.

Principle sentencing factors - deterrence, denunciation and protection of the vulnerable - also significant breach of trust.

SENTENCE:

1. Incest - Starting point 8 years and 6 months taking into account previous offending, reduced to 7 years imprisonment for guilty plea and contrition, backdated to the first day he was remanded in custody;
2. Indecent assault on a child - 6 months imprisonment concurrent with count one.
3. Orders under S 132 (4) (6) that the prisoner is divested of any custody or authority over the child, sole guardianship is vested in the mother.
4. There is to be a continued review of the progress of the child with assistance of the woman's crisis centre.

NOTE: No publication of the name of the child or the offender who is to be referred to as X.

DATED: 28 SEPTEMBER 2012 JUDGE