R v Vatikani [2024] TOSC 89; CR 99 of 2024 (1 November 2024)

BETWEEN:

REX

-Prosecution

AND:

SOSAIA VATIKANI

-Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mr G Aleamtou’a for the Crown Prosecution

The Accused in Person

Date: 1 November 2024

THE CHARGES

1. On 10 September 2024, the Accused pleaded guilty to the following charge
   1. Count 1: Serious Housebreaking, contrary to section 173(1)(a) and (5) of the Criminal Offences Act
   2. Count 2: Theft, contrary to section 143 and 145(b) of the Criminal Offences Act.
2. This matter now proceeds to sentencing today on 1 November 2024.
   

CROWN SUBMISSIONS

3. The Crown included in their submissions filed 9 October 2024, a medical report from the Ministry of Health of the injuries sustained by the Complainant.
4. Aggravating and mitigating factors were also submitted with the following caselaw:
   1. R v Fifita (CR 74 of 2018)
   2. Rex v Malafu (CR 133 of 2016)
   100. Rex v ‘Ealelei (CR 162 of 2018)
   4. Rex v Maile (CR 133 of 2019)
5. The Crown submit for Count 1, a term of 3 years imprisonment with the final 12 months suspended on conditions. Count 2, a term of 2 years imprisonment concurrent to count 1.
   

PRESENTENCE REPORT

6. A presentence report was received from the Probation Office on 15 October 2024.
7. This report detailed the Accused’s personal history factors in relation to the offending and their recommendation on sentencing.
8. The Probation Officer withheld a recommendation on sentencing and has left it to the Court’s discretion.
9. I take the contents of this report into account in considering the Accused’s sentence.
   

DSCUSSION

10. This is a case of housebreaking into a nurses’ facility which resulted in the theft of property worth $15,200.
11. What is particularly aggravating about this case is that the school facility in question is related to your wife’s employment as a nurse and therefore must have caused her considerable embarrassment and distress.
12. I have paid attention to the cases which have been helpfully summarised by the Crown where the starting point for these types offences is 3 to 5 years.
13. In your case, because of your guilty plea, I reduce your starting point which I fix at 3 years by 12 months which makes a total of 2 years imprisonment.
14. In addition, I have to consider the question of whether or not to suspend whole or part of the sentence. In your case it does not apply because you are not young, you have previous convictions and, in my view, have very little prospects to benefit from rehabilitation should I take that course.
15. I must also deal with your breach of a suspended sentence, but I have to bear in mind that you almost completed that sentence, you had 3 weeks or so left before you would have completed that suspension period.
16. I order that the suspended sentence be activated which is a period of 3 months is be served consecutively to the 2 years remaining for this current matter.
    

FINAL RESULT

17. I sentence you to serve a total of 2 years imprisonment for Count 1 and 2 of this indictment, with a further 3 months because of your breach of a previous suspended sentence in CR 200 of 2023.
18. The Defendant is to serve a total of 2 years and 3 months imprisonment at Hu’atolitoli Prison.
    

NUKU’ALOFA HON. MALCOLM BISHOP KC

1 November 2024 LORD CHIEF JUSTICE