R v Tenefufu [2024] TOSC 91; CR 190 of 2024 (12 November 2024)

BETWEEN:

REX

-Prosecution

AND:

SIOSIFA TENEFUFU

-Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mrs E Lui for the Crown Prosecution

Ms H Aleamotu’a in Person

Date: 12 November 2024

THE CHARGES

1. On 24 October 2024, the Accused pleaded guilty to the following charges:
   1. Count 1: Possession of Arms Without a License, contrary to section 4(1) and (2)(b) of the Arms and Ammunition Act.
   2. Count 2: Possession of Ammunition Without a License, contrary to section 4(1) and (2)(b) of the Arms and Ammunition Act.
2. The Defendant now appears before me today for sentencing of that charge.
   

CROWN SUBMISSIONS

3. The Crown made no further submissions on sentencing, and I take into account their Indicative Sentencing Submission filed on 24 September 2024.
4. Those submissions recommended the following:
   1. Count 1 - $3,500 fine
   2. Count 2- $1,000 fine, concurrent to Count 1

PRESENTENCE REPORT

5. A presentence report was filed from the Probation Office on 8 November 2024 with details of the Accused’s personal history, financial capacity, his version of the offending and their recommendation on sentencing.
6. The Probation Officer recommended a non-imprisonment sentence for the Defendant.
7. I take the contents of this report in considering the Accused’s sentence.
   

DSCUSSION

8. Siosifa Tenefufu I have considered your case together with the Pre-Sentence Report filed from the Probation office to assist me in determining your sentence.
9. Possession of Arms without a license is a serious offence, and it is of the first importance to regulate the use of firearms in the Kingdom.
10. I am satisfied that the way in which you had committed the offence was done inadvertently. I accept that it was your belief since you obtained a license at one year that you would remain valid and carry over to the following years.
11. In those circumstances, I consider an appropriate sentence here is a monetary fine. You have a very big family to support, and your income is modest.
12. I have given this anxious thought over the past few weeks given your circumstances and it seems to me that the appropriate fine is $500 to be paid within 6 months.
    

FINAL RESULT

13. For Count 1 & 2, the Accused is fined a total of $500 to be paid within 6 months. If the Accused faces difficulty in paying this amount within the given timeframe, he must notify the Court for reconsideration.
14. I further order in relation to the firearms and ammunition of the Accused, it is to be returned to him, once he obtains a valid license in pursuant with the Arms and Ammunition Act.
    

NUKU’ALOFA HON. MALCOLM BISHOP KC

12 November 2024 LORD CHIEF JUSTICE