R v Angilau [2024] TOSC 88; CR 97 of 2023 (1 November 2024)

BETWEEN:

REX

-Prosecution

AND:

KALAUTA ANGILAU

-Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mr G Aleamotu’a for the Crown Prosecution

The Accused in Person

Date: 1 November 2024

THE CHARGES

1. On 12 September 2024, the Accused’s trial was set to commence but he changed his plea to guilty on the following charges:
   1. Count 1: Theft, contrary to section 143(a) and 145(b) of the Criminal Offences Act.
   2. Count 2: Serious Willful Damage, contrary to section 187(1) and (3) of the Criminal Offences Act.
2. The Accused has another matter in the Magistrate Court to which he has already pleaded guilty. This matter was committed as a summary matter being CR 201 of 2024 to be sentenced together before this court.
3. For CR 201 of 2024, on 12 September 2024, the Accused’s trial was set to commence but he changed his plea to guilty on the following charges:
   1. Possession of 2.29g of Cannabis
   2. Unlawful Possession of 31 empty packs
      

DSCUSSION

CR 97 of 2023

4. I have to sentence you on the indictment on the charge of theft and serious wilful damage.
5. The theft was a serious offence because you stole a vehicle which was worth $20,000. It was a new vehicle which the victim had acquired only two weeks previously.
6. I can well imagine the distress which losing the vehicle must have caused because not only was it her only means of transport but she had to spend money on taxi fares particularly over the Christmas period when this happened because a friend came to stay with her and they were left without any transport.
7. She must have worked very hard to find the money to acquire the vehicle. Added to that, the vehicle was permanently damaged and cannot be used for reasons which seem unclear.
8. You have a long list of previous convictions, the majority of which are property offences. Accordingly it seems to me that the head sentence here should be that of theft and I set a starting point of 2 years imprisonment for both counts of theft and serious wilful damage.
9. On the question of suspension you have a long history of previous convictions, you did however plead guilty and I accept with some hesitation that what you did was not premeditated. That together with the supporting letters which I received this morning from your Bishop and relatives enables me to suspend six months of the sentence.
10. In other words you will serve 24 months in custody with the last 6 months suspended for 6 months. That means that if during the period of the suspension you commit any other offence punishable by imprisonment you will serve that sentence

CR 201 of 2024

11. I also have to consider the question of the cannabis and unlawful possession of 31 empty packs account committal here by the Magistrate for joint sentencing.
12. This is a different type of offence for personal use and to mark the seriousness of the offence, I impose nine months for both counts, of which, 3 months are consecutive to the sentence in CR 97 of 2023.
    

FINAL RESULT

13. For CR 97 of 2024, the Accused is sentenced to 24 months imprisonment with the last 6 months suspended for 6 months on the following conditions:
    1. You must not commit any offence punishable by imprisonment
    2. You must report to the Probation Office within 24 hours of your release
    100. You must live where directed by the Probation Officer
    4. You must enroll and complete two courses with the Salvation Army within 1 year of your release, namely the Life Skills Course and a course on Alcohol and Drug Addiction.
14. For CR 201 of 2024, the Accused is sentenced to 9 months imprisonment for both counts, 6 of which will be concurrent to the head count in CR 97 of 2024, and the remaining 3 months is to be served consecutively.
15. I further order, in pursuant with section 32 of the Illicit Drugs Control Act, all drugs and utensils in this matter are to be destroyed.
    

NUKU’ALOFA HON. MALCOLM BISHOP KC

1 November 2024 LORD CHIEF JUSTICE