R v Fifita [2025] TOSC 24; CR 225 of 2024 (11 March 2025)

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

CR 225 of 2024

BETWEEN:
REX
-Prosecution

AND:
SIONE FIFITA
-Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC
Appearances: Mr K Tamo’ua for the Crown Prosecution
Mrs F Vaihu for the Defendant
Date: 11 March 2025

1. THE CHARGES

1. On 21 January 2025, the Accused pleaded guilty to the following charge.
   1. Count 1: Reckless Driving Causing Grievous Bodily Harm, contrary to section 27(4) of the Traffic Act

2. CROWN SUBMISSIONS

2. On 7 January 2025, the Crown filed their sentencing submissions to assist the Court.
3. Aggravating features were submitted that include the level of alcohol involved, the fact that you fled from the scene after you realised you hit something, the reckless driving involved and the pain and suffering of the victim, to name a few.
4. In mitigation, you are young, a first-time offender, pleaded guilty at the first possible instance and there is potential for your future with your current tertiary studies.
5. The following sentencing comparables were also submitted in support;
   1. Ikahihifo v R, AC 14 of 2021 (CR 304 of 2020)
   2. R v Tu 'ipulotu [2019] TOSC 17; CR 4 of 2019
   100. R v Mafile 'o [2021] TOSC 57; CR 41 of 2021
6. The Crown recommended the following sentence adopting the principle in Gacitua v R [2013] NZCA 234 that was adopted in Ikahihifo;
   1. Count 1: 2 ½ years imprisonment with the final 18 months suspended on conditions.
   100. PRESENTENCE REPORT
7. A presentence report was filed from the Probation Office 4 March 2025.
8. The report detailed your upbringing which was stable and good, personal history and factors relating to the offence with their recommendation.
9. You have completed a Diploma in Business Management, and you are a current full-time student at Christ University pursuing further studies. You are well-regarded in your community and well supported from the University and from your church.
10. You have continued to offer reparations to the victim’s family even after he had fully recovered and have shown full remorse for your actions.
11. The Probation Office concludes their report by recommending a fully suspended sentence.
    4. DISCUSSION
12. You have pleaded guilty to reckless driving, causing grievous bodily harm. On the 27 of July after a night drinking with others, you drove your vehicle at speed when trying to overtake a motor car and did so without realising that a pedestrian was crossing the road.
13. You struck him and he suffered a moderate head injury and a knee ligament tear or rupture. I infer he has made a full recovery.
14. Drinking and driving dangerously afterwards is becoming a marked feature of life in the Kingdom and accidents as a result are becoming more and more frequent, some indeed have proved to be fatal.
15. You are a young man from a good family and is well-spoken of in your community. I accept that your initial action in running away was because you panicked, and you quickly came to your senses, surrendered to the police the following day and admitted your involvement. I take this into consideration together with the reparations you have made to the victim’s family.
16. I have regard to the references before me from Christ University in the Pacific and from the district town officer. Although an offence of this kind merit a custodial sentence I can see no benefit to you or to the public inquiry for you to serve such a sentence having regard to the circumstances of the accident itself.
17. Your grandmother also explains the steps you have taken to atone for what happened.
18. I conclude that an appropriate sentence in your case is 12 months’ imprisonment to be fully suspended for a period of 12 months with conditions.
19. This means that if during the period of 12 months you commit any further offence this sentence will be activated but if not, no further action will be served.
20. You must not commit any offense punishable by imprisonment you are to be placed on probation during that period and to complete life skills and alcohol and drugs abuse with the Salvation Army
21. I also disqualify you from obtaining a license could not happen for a period of suspension namely for 12 months.
    5. FINAL RESULT
22. For Count 1 of Reckless Driving Causing Grievous Bodily Harm contrary to section 27(4) of the Traffic Act, I impose a sentence of 12 months’ imprisonment fully suspended on the following conditions;
    1. You must not commit any further offences punishable by imprisonment
    2. You must be placed on probation
    100. You must complete a life skills course and a drugs and alcohol course at the direction of the Probation Officer
    4. You ae disqualified from obtaining a licensing until your period of suspension is completed.
       

HON. MALCOLM BISHOP KC

LORD CHIEF JUSTICE

NUKU’ALOFA

11 March 2025