Rex v Bloomfield [2013] TOSC 32; CR 220 of 2010 (5 April 2013)

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

CR 220 of 2010

REX

V

KONA'I BLOOMFIELD

BEFORE THE HON. JUSTICE CATO

SUMMARY OF SENTENCE DELIVERED ORALLY.

The prisoner pleaded guilty to one count of abetting armed robbery.

The prisoner and Simifi Mahe robbed Cowley's Bakery of about $9000.00 - part recovered - Bloomfield was the get-away driver - pistol used. Co-accused pleaded guilty to armed robbery and possession of a gun.

Guilty plea before trial after a lengthy voir dire to challenge confession had failed.

Previous conviction - offending occurred, whilst serving a fully suspended sentence which the crown did not seek activated under s 24 Criminal Offences Act.

He was also a person who had grown up in the states and was sent back to Tonga to avoid problems. Had met co-accused in United States - co-accused influenced the prisoner to commit the offences - co-accused apologised for that at trial.

Married man children

SENTENCE

Starting point 7 and half years for robbery with a gun

Reduced

2 and half years for lesser role and early conviction

Sentence 5 years

Suspended by 18 months (considered a good prospect for rehabilitation) on condition remain free from any further offending crimes by imprisonment for 3 years.

Concurrent
2

DATED: 5 APRIL 2013