Rex v Tuila [2013] TOSC 30; CR 146 of 2011 (12 April 2013)

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

CR 146 of 2011

REX

V

KEFU TUILA

BEFORE THE HON. JUSTICE CATO

SUMMARY OF SENTENCE DELIVERED ORALLY

The prisoner pleaded guilty to one count of housebreaking and common assault.

He also pleaded guilty in relation to a separate incident to actual bodily harm, carrying arms with intent, possession of arms and possession of ammunition without a licence.

The first incident the prisoner had been drinking entered a house and kissed a sleeping woman. She woke up and confronted him and he ran out. He had told her he was her husband.

In the second incident, the prisoner, who had been drinking sought revenge for an earlier incident allegedly of provocation when the complainant had with others beaten him up. He obtained a gun (bold action rifle, and shot the complainant in the arm. There was a wound but no serious harm.

The accused was aged 38 and had a serious list of convictions dating back to 1994, involving several housebreakings, grievous bodily harm and other offences. His last offence was in 2006.

Recidivist offender - deterrence - protection of society

SENTENCE

1. Housebreaking 3 years imprisonment
2. Common assault - 6 months concurrent with count 1
3. Actual bodily harm - 3 years concurrent with count 4
4. Carrying arms with intent - 3 years imprisonment cumulative with count 1
5. Possession of arms without a licence - 1 year concurrent with count 4
6. Possession of ammunition without a licence - 1 year imprisonment concurrent with count 4

Sentences backdated to period of remand in custody.

DATED: 12 APRIL 2013