R v Fifita [2024] TOSC 80; CR 130, 175 of 2024 (16 October 2024)

BETWEEN:
REX
-Prosecution

AND:
PAULA FIFITA
-Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mr J. Lutui, DPP & Mr G. Aleamotu’a for the Crown Prosecution
The Accused in Person
Date: 16 October 2024

THE CHARGES
CR 130 of 2024

1. On 13 August 2024, the Accused pleaded guilty to the following charge:
   1. Count 1: Theft, contrary to section 143(a) and 145(b) of the Criminal Offences Act. On 2 April 2024, you did dishonestly take without any colour of right, a vehicle valued at $20,000 with the intent of converting such vehicle to your own use without the consent of the Complainant.
      

CR 175 of 2024

2. On 16 October 2024, the Accused pleaded guilty to the following charge:
   2. Count 1: Theft, contrary to section 143(a) and 145(b) of the Criminal Offences Act. On 2 April 2024, you did dishonestly take without any colour of right, a vehicle, an iPhone 11 with the total value of $47,000 with the intent of permanently deprive the Complainant of said items for the use of another without the Complainant’s consent.
      

CROWN SUBMISSIONS

3. The Crown tendered in Court two cases from the Court of Appeal to assist the court in determining the appropriate sentence for the Accused.
   1. R v Rodney Toki AC 19 of 2022
   2. R v ‘Ana Katokakala Siale AC 7 of 2021
4. The Crown also raised in court, their first indicative sentencing of a fully suspended sentence was their position before the Accused reoffended again in CR 130 of 2024.
   

PRESENTENCE REPORT

5. A presentence report was filed from the Probation Office on 10 September 2024 in relation to CR 130 of 2024.
6. Given the proximity in the reoffending that report is sufficient for both incidents and I take into account the contents of that report in considering the sentence for this Accused.
   

DISCUSSION

7. Paula Fifita, you are very silly. On the 2 April 2024, you took someone’s motor car in circumstances which are highly unusual, because it was opportunistic, and you were on bail. 18 days later, you did the same thing again.
8. In both cases you were walking along the street, saw a motor car parked, tried the driver’s door, found it was open and found it rather foolishly, the keys were in the ignition.
9. You got into the car and drove off, on the first occasion, you were not alone in the car. It’s owner was asleep or rather unconscious in the back. That was a very irresponsible thing to do, and what is more irresponsible to do, is 18 days later, you did the same thing again.
10. Now in those circumstances, I have referred to decisions of a higher court the effect of which suggest you should serve sometime of imprisonment because of the breach of the circumstance that granted you bail after the first offence.
11. Of course, I pay respectful heed to the guidelines that have been handed down by the Court of Appeal. A short sentence of imprisonment will certainly keep you out of mischief but is unlikely to address the root cause of your offending which is the misuse of alcohol.
12. I bear in mind that wrongdoing such as you have admitted to must be punished, I accept too that others should be deterred from behaving as you have done, but I must also seek to effect a permanent solution to your difficult which is your dependence of alcohol.
    

FINAL RESULT

13. Balancing these factors, I have decided to impose a total term of 2 years imprisonment all of which will be fully suspended.
14. That term of imprisonment will be subject to the following stringent conditions:
    1. You will be placed on probation
    2. You must not commit any further offence, including drunkenness in the streets
    3. You must report to the probation office with 24 hours from today
    4. You must live where directed by the Probation Officer
    5. You must complete a life skills and alcohol rehabilitation courses as directed by the Probation Officer.
    6. You must work 100 hours of community service work under the Probation Office
       

NUKU’ALOFA HON. MALCOLM BISHOP KC 16 October 2024 LORD CHIEF JUSTICE