R v Havea [2024] TOSC 14; CR 157 of 2010 (1 March 2024)

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

CR 157 of 2010

REX
-v-
PALA HAVEA

ORDER

BEFORE: HON. COOPER J

Appearances: Mrs. A. Aholelei for the Prosecution

The defendant for himself

Date of order: 1 March 2024

1. Mr. Havea was produced from custody, having been remanded on 27 February 2024. Probation had kindly confirmed that Mr. Havea had attended Salvation Army and completed the course ordered when he was originally sentenced.
   
2. It has been confirmed that his sentence of 15 months’ imprisonment, suspended for 2 years, that was ordered 27 September 2010 was conditional upon his:

(i) completing 120 hrs Community Service Order, and

(ii) paying TOP$ 500 compensations.

3. A warrant was issued for his arrest 15 September 2011 for breaching those conditions. He had

(i) completed 33 hours of the Community Service Order, and

(ii) paid TOP$ 200

4. On 19 September 2011 he was ordered to complete the Community Service Order and to pay the compensation in full. A term of 8 months in default of that payment was ordered.
   
5. Since then, no further attendance with probation and no further hours of the Community Service Order had been completed.
   
6. Therefore, today he was re-sentenced. The court took account of the fact that some of the Community Service Order had been completed and some payment of compensation had been made.
   
7. Accordingly, 10 months of the 15-month sentence on the head count are to be served. It was reduced from 15 months to reflect the partial compliance with the conditions of the suspended sentence.

Directions:

8. Accordingly, 10 months of the 15-month sentence on the head count are to be served. The 8-month sentence in default is also activated, but that will run concurrent with the 10 months.
   
9. His sentence is to run from his remand, 27 February 2024.
   

NUKU’ALOFA	N. J. Cooper
1 March 2024	J U D G E