R v Langi [2021] TOSC 53; CR 40 of 2021 (23 April 2021)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY
CR 40 of 2021

R E X

-v-

TALIFOLAU LANGI

SENTENCING REMARKS

BEFORE: HON. JUSTICE COOPER

Counsel: Ms. ‘E. Lui for the Crown

Mr. ‘L’ was unrepresented

Date of sentence: 23^rd April 2021

1. An order prohibiting any publication of any details that could identify the victim in this case is made under s.119.
   
2. Mr. ‘L’ pleaded three counts of carnal knowledge with a child relating to events in August 2020 when on three occasions he had sexual intercourse with his then girlfriend Telesia Halangahu.
   
3. This was a decision the two of them made together and what they both willingly wanted to do.
   
4. There was nothing but affection and kindness between the two of them, as far as I can see.
   
5. At the time they had sex Miss Halangahu was 14 but her birthday is 5^th December. If they had waited another three months no offence would have been committed.
   
6. She ran away from home to be with the defendant. That is what triggered the police involvement; coming about from her parents’ concern that she had left their house.
   
7. I have before me a victim impact report, so called. As well as pre-sentence report and the prosecution submissions on sentence.
   
8. The victim impact report turns out to be a misnomer. There was no victim here at all, perhaps only this defendant in being prosecuted in the circumstances he was.
   
9. Miss Halangahu stated to the report writer that sex had happened between the two of them willingly.
   
10. This prosecution was not the wish of either her or her mother and came about of the police’s initiative.
    
11. The pre-sentence report sets out for me the picture of a boy who is “obedient”, of exemplary character, respectful to women, caring to his sisters and helps his father at the allotment and works hard there.
    
12. I see that he attended a Life Skills Course and was spoken of highly by those that ran the course.
    
13. I see that it also states that Miss Halangahu has tried to contact him but that he felt he should not be in touch with her.
    
14. He should no longer feel like that.
    
15. He is a fine young man and should be proud of all he has achieved and his father should be proud of him too.
    
16. I have considered the guidance provided by United Nations^[1] Standard Minimum Rules for the Administration of Juvenile Justice, the so called Beijing Rules, where at paragraph 1.6 it is reiterated that it should be a fundamental aim in promoting juvenile welfare to “...minimize the necessity of intervention by the juvenile justice system...” ^[2]
    
17. The nature and seriousness of the offending, the character of the defendant and I consider, in these circumstances, that it is inexpedient to inflict punishment and a probation order is not appropriate.
    
18. The only proper way to deal with this case is to completely discharge Mr. ‘L’.
    
19. The effect of that, under section 204 (2) of the Criminal Offences Act is that he is deemed to be acquitted of the offence.
    
20. He is free to leave and should be considered by all to have been effectively found not guilty.
    

NUKU’ALOFA N. J. Cooper

23 April 2021 J U D G E

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^[1] Tonga became a member state 14.9.1999
^[2] Adopted by General Assembly resolution 40/33 of 29 November 1985