R v Langi [2025] TOSC 55; CR 41 of 2025 (30 June 2025)

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

CR 41 to 42 and 110 of 2025

BETWEEN:
REX
-Prosecution

AND:
[1] SIONE KEI’ALOHA LANGI
[2] VILIAMI PONGI
- Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mr K Tamo’ua for the Crown Prosecution
The Defendants in Person
Date: 30 June 2025

1. THE CHARGES & BACKGROUND

1. On 28 April 2025, the Defendants were arraigned where they both pleaded guilty to their following respective charges:
   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
   100. Count 3: Receiving Stolen Property, contrary to section 148(1) and (5) of the Criminal Offences Act.
2. I will refer to you two as Langi and Pongi respectfully, no disrespect is intended. I am to sentence each of you for what happened in relation to commercial premises when a large number of items were stolen from what I infer is a vehicle repair and refurbishment business.
3. The total value of the stolen items was $20,440. The mistake for the person to whom you sold the goods was to offer some of them for sale on Facebook. This enabled an honest employee of the losing party to spot items concerned and to realized that they belonged to his employer.
4. He together with the employer went to the advertiser who apparently innocently obtained the goods. They then got in touch with the police and taking it shortly, all the goods were recovered according to one of the Defendants.
5. In addition, you Pongi face a summary matter from Magistrate Court that was committed up on Friday 27 June 2025 as CR 110/2025 for joint sentencing.
6. In this summary matter you face 4 charges comprised of 2 charges for unlawful possession of cannabis (Mag.CR 31/25 – 11.46g & Mag.CR 33/25 – 0.85g) and two charges for possession of utensils (Mag. CR 32/25 – 1 smoking pipe & Mag.CR 34/25 – 160 empty packs).
   2. CROWN SENTENCING SUBMISSIONS
7. On 3 June 2025, Crown filed sentencing submissions to assist the Court.
8. Mitigating and aggravating features were filed in relation to each Defendant along with the following case law in support:
   1. Rex v Fifita CR 74/2018
   2. Rex v Malafu CR133/2016
   100. Rex v ‘Ealelei CR 162/2018
   4. Rex v Maile CR133/2019
9. Crown made corrections to their submissions today amending that of the two Defendants, it is you Langi who has no previous convictions not Pongi.
10. The recommended sentence for each of you in relation to this matter is, for you Langi 3 years imprisonment with the last 18 months suspended on conditions in Count 1, and in Count 2, 2 years imprisonment concurrent to Count 1.
11. For you Pongi, in Count 3, 2 years imprisonment with the final 6 months suspended on conditions.
12. On 27 June 2025, further sentencing submissions were filed from Crown in relation to the summary matter from Magistrate Court for you Pongi.
13. Additional comparable sentences were submitted with the final recommended sentence for the summary matter of 12 months’ imprisonment in total. Crown recommends 6 months of this sentence is survived cumulatively to your sentence Pongi in CR 42/2025.
    100. DISCUSSION
14. In addition to the Crown sentencing submissions, I also received presentence reports from the Probation Office where I have read about your personal histories and upbringing together with your respective version of the offending.
15. Housebreaking is of course a serious matter, but I bear in mind that these were commercial not residential premises and at the time of the offending it was not occupied. I also bear in mind that I have been told by one of the Defendants that all the stolen items have been recovered.
16. Furthermore, I see no basis for distinguishing between either of you on the basis of the offences itself in Counts 2 and 3. That is to say that one committed the theft and the other received the stolen goods.
17. But there are differences between you. You Pongi have previous convictions on 21 May 2020 for the unlawful possession of illicit drugs on two occasions together with the possession of ammunition without a license. You were put on probation for 12 months as a result.
18. Although, the matter is not expressly stated I infer that you Langi were man of previous good character. You both each pleaded guilty at the earliest opportunity, assisted the police in the recovery of the items under and I am told by both of you today that you are sorry for what you did.
19. So far as theft and receiving stolen property charges are concerned, I have decided to treat you both equally both having regard to totality and fairness between you Langi and also to the fact that the previous conviction you have Pongi is now 5 years old.
20. I have further considered the comparable authorities helpfully submitted by the Prosecution; however, each case must of course be decided on its own facts.
21. For both of you in Counts 2 and 3, the starting point in each of your case is one of 3 years imprisonment however because of your guilty plea, your cooperation with the police, your role in recovering the stolen goods and in your case Langi your previous good character and in your case Pongi the effect that the drugs offense and the unlawful ammunition occurred five years old, I reduce that sentence by 18 months.
22. I have considered whether all or a part of your respective sentences should be suspended in accordance with the principles in Mo’unga. Neither of you are young, you have pleaded guilty at the earliest moment and cooperated with the police I am told that you are remorseful, and the goods have been recovered.
23. In those circumstances I am prepared to suspend the last 9 months’ imprisonment of which 9 months are to be served and 9 months suspended for a period of two years conditions that you should not commit any offence punishable by imprisonment you will be placed on probation you must report to the probation office and you must undertake a life skills and alcohol awareness course under the supervision of the Salvation Army or such other body as the as is appropriate.
24. Administratively, for you Langi in relation to Count 1, I impose starting point of 3 ½ years imprisonment, less 18 months for mitigation leaving a remaining sentence of 24 months imprisonment, in which I suspend the last 15 months for 2 years on the same conditions already referred to.
25. In relation to the drugs matter for which you alone Pongi are to be sentenced, I am prepared to accept that the cannabis was for your personal use, in addition you were found in possession of utensils.
26. It is not possible to suspend the whole of the sentence however, I take the view that the appropriate sentence for the cannabis matter (Mag. CR31/2025) is 12 months’ imprisonment which I reduce by 6 months. For the remaining charges being for a smaller amount of cannabis and utensils (Mag. CR 32-34/2025) I impose a sentence of 6 months imprisonment each reduced by 3 months and to be concurrent to the substantive cannabis charge.
27. In view of the principle of totality, I order that 3 months of this sentence is served cumulative to your sentence in CR 42/2025 with the remaining 3 months served concurrently.
    4. FINAL RESULT

Sione Kei’aloha Langi

28. For Count 1: 2 years imprisonment with the last 15 months suspended for 2 years on the following conditions:
    1. You must not commit any further offence punishable by imprisonment
    2. You must report to the probation office within 24 hours of your release from custody
    100. You must complete a life skills course at the direction of the Probation Office.
29. For Count 2: 18 months’ imprisonment with the last 9 months suspended for 2 years on the same conditions and concurrent to Count 1

Viliami Pongi

30. In relation to CR 42/2025, in Count 3: 18 months’ imprisonment with the last 9 months suspended for a period of 2 years on the following conditions:
    1. You must not commit any further offence punishable by imprisonment
    2. You must report to the probation office within 24 hours of your release from custody
    100. You must complete a life skills course at the direction of the Probation Office.
31. In CR 110/2025;
    1. Mag.CR 31/25: 6 months imprisonment
    2. Mag. CR32-34/2025: 3 months imprisonment each, concurrent to Mag.CR 31/25.
32. From the sentence in CR 110/2025, 3 months is to be served cumulatively to the sentence in CR 42/2025 and the remainder of the sentence be served concurrently.
33. For the avoidance of doubt, you Pongi will serve a sentence of 12 months’ imprisonment followed by 9 months suspended on the conditions already mentioned above.
34. I further order the destruction of all illicit drugs and utensils in these proceedings pursuant to section 32(2)(b) of the Illicit Drugs Control Act.
    

NUKU’ALOFA	HON. MALCOLM BISHOP KC
30 June 2025	LORD CHIEF JUSTICE