R v Funaki [2025] TOSC 63; CR 115 of 2025 (21 July 2025)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY
CR 115 of 2025

BETWEEN:
REX
-Prosecution

AND:
SAIONE FUNAKI
-Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mr K Tamo’ua for the Crown Prosecution
The Defendant in person
Date: 21 July 2025

1. THE CHARGES

1. The Defendant pleaded guilty today to the following charge;
   1. Count 3: Common Assault (when you punched Kapeli Langi without his consent), contrary to section 112(a) of the Criminal Offences Act.
      

2. CROWN SUBMISSIONS

2. The Crown filed their indicative sentencing submissions on 17 July 2025 together with the summary of facts and the indictment in preparation for arraignment.
3. For a guilty plea, which is applicable your case, the Crown recommend a final sentence of 6 months imprisonment fully suspended for 12months on conditions.
   
   100. DISCUSSION
4. You have pleaded guilty to Count 3 of Common Assault.
5. I would like to sentence you today, in accordance with the recommendations that have been made today. I must note that I am very much surprised that you have only been charged with common assault, where on the facts, you punched the Complainant right after he had been punched by your co-Defendant.
6. For you to then proceed to punch that same person with such force that he lost consciousness after that person has already been punched to the extent that his jaw is damaged, strikes me as strange to allege for simply common assault.
7. However, the responsibility of drafting indictments and pursuing a prosecution is not that of the Court but of the Prosecution and it is for them to justify if they can the decisions they make.
8. I will now sentence you for the indictment as it now stands, having considered the indicative sentencing submissions from the Crown for a guilty plea.
9. In view of the final submission by the Prosecution I order that you serve a wholly suspended sentence, I see no point in burdening the Probation Office with compiling a report because I understand you are a person of previous good character and you have a good job as a carpenter.
10. For Count 3 of Common Assault, I impose a starting point of 9 months imprisonment but having regard your mitigation features being your early guilty plea, good character and the way in which the Crown has conducted its case, I reduce the sentence to 6 months fully suspended for 2 years upon a number of conditions.
    4. FINAL RESULT
11. For Count 3 of Charge Common Assault, I sentence you to 6 months’ imprisonment fully suspended for 2 years under the following conditions:
    1. You are not to commit any other offence during your suspension
    2. You must not associate with the first Defendant Siosifa Jr Lamipeti
    100. You will be placed on probation for a period of two years
    4. You must report immediately within 24 hours to the probation office
    5. You must undertake 60 hours of community service as directed by the Probation Office.
    6. You must pay a fine of TOP $1000 to the Court within 4 months; and
    7. You must pay TOP $1000 compensation to the victim also within 4 months.
12. Administratively, I rescind condition (f) and increase the amount of compensation by $1,000 for condition (g) making a total of $2,000 compensation to be paid to the Complainant within 4 months.
13. I warn you that if you do not comply with these conditions particularly the compensation to the Complainant, the suspended sentence will be activated in full and you will serve your sentence in Prison.
14. That is the order of the Court.
    

NUKU’ALOFA	HON. MALCOLM BISHOP KC
21 JULY 2025	LORD CHIEF JUSTICE