R v Singh [2026] TOSC 16; CR 152 of 2025 (20 January 2026)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY
CR 152 of 2025

BETWEEN:
REX
-Prosecution

AND:
BIJAY SINGH
-Accused

SENTENCE

BEFORE:
HON. LORD CHIEF JUSTICE BISHOP KC

Appearances:
Mrs T Vainikolo & Mr K Tamou’a for the Crown Prosecution
Mrs T Kolokihakaufisi for the Defendant
Date:
20 January 2026

1. THE CHARGES

1. The Defendant pleaded guilty on 05 November 2025 to the following charges;
   1. Count 1: Forgery contrary to section 170(1)(a), (2)(b), (3)(a) and (4) of the Criminal Offences Act when on or about 17 April 2025, you issued a false cheque with intent to deceive Palu Trade Vaini Service Station on the Sean & Huberto Auto Repair chequebook without authorization and intended for them to act on the cheque as if it were genuine.
   2. Count 2: Knowingly dealing with a forged document, contrary to section 172 of the Criminal Offences Act when on or about 17 April 2025, you knowingly issued a cheque on the Sean & Huberto Auto Repair chequebook to be forged, submitting it to Palu Trade Vaini Service Station for them to act on it as if it were genuine.

100. Count 3: Obtaining money by false pretence, contrary to section 164 of the Criminal Offences Act when on or about 17 April 2025, you obtain $200 by false pretence from Manusiu Tau’ataina when you have her a cheque for $300 on the Sean & Huberto Auto Repair chequebook, but was false and thereby caused Manusiu Tau’ataina to give you that money.

4. Count 4: Obtaining goods by false pretence contrary to section 164 of the Criminal Offences Act when on or about 17 April 2025, you did obtain $100 worth of fuel by false pretence from Manusiu Tauataina when you gave her a cheque for $300 on the Sean & Huberto Auto Repair Chequebook, but was false and thereby caused Manusiu Tauataina to give you that fuel.
   2. CROWN SUBMISSIONS

2. The Crown filed their sentencing submissions on 09 December 2025 to assist the Court.
3. Along with the mitigating and aggravating features, the following case laws were submitted in support
   1. R v Siutaisa To’ia CR 112 of 2022
   2. Rex v Semisi Fakava CR 170 of 2020
   100. Rex v Ma’u CR235 of 2024
4. For a guilty plea which is applicable in your case, the Crown recommend a final sentence of 8 months imprisonment with the final 2 months to be suspended on appropriate conditions.
   
   100. PRESENTENCE REPORT & MITIGATION SUBMISSIONS
5. On 16 January 2026, a pre-sentencing report was received to assist the Court.
6. This report detailed your upbringing, personal history, and factors relating to the offence with their recommendation.
7. You grew up in Fiji and made your way to Tonga through employment visas in 2015 and again in 2017, which you have been here since then. You are in a de-facto relationship with your partner and you have three young children. You are the sole breadwinner for your family.
8. You attended school until Class 4 and withdrew to work to support your family. You and your family are members of the Church of Tonga in Vaini. You are diabetic with no other confirmed medical condition. You formerly worked for Mr Moana and was deported in 2016 due to financial crimes. You returned and are currently employed at HM Imports Tonga earning $850 per week, your employer is also helping you make direct instalment payment to people you are indebted to.
9. The Probation Officer is of the view that the Accused is at high risk of re-offending due to his previous criminal record, false and deceptive manner in which the officer recommends a partial suspension on appropriate conditions.
10. On 18 December 2025, your Counsel filed mitigation submissions on your behalf for the Court to consider.
11. Mitigating factors and Sentencing comparable were submitted in which I take all into account when considering the appropriate sentence.
12. I also take into account the sentence proposed by your Counsel which is a full suspension of 18 to 24 months with strict conditions to mark the seriousness of the offending and support you rehabilitation.
    
    4. DISCUSSION
13. You have pleaded guilty to forgery, knowingly dealing with a forged document, obtaining money and goods by false pretences to the value of TOP $300.00.
14. Forgery is becoming increasingly common here in Tonga and it is the duty of the Court to stamp out this problem which makes commercial life in the Kingdom more difficult and which causes loss to innocent people.
15. In your case, there was deception, there was dishonesty and not all of the money has been repaid and not all the victims have forgiven you.
16. Obviously, this is a case which calls for a custodial sentence. I take Count 2 as the head count and impose a starting point of 10 months imprisonment, deducted by 2 months for your early guilty plea, resulting in 8 months imprisonment.
17. So far as Count 1, 3 and 4 are concerned being of the same facts as Count 2, 5 months imprisonment for Count 1 and 3 months each for Counts 3 and 4, all to be served concurrently to Count 2.
18. You have pleaded guilty at the earliest opportunity but almost all of the papers that I have been given suggested you should go to prison. That is the implication of the probation report and that is what the Crown submit, as they often do.
19. You have done it before, you have been given every chance, probation and short sentences of imprisonment yet nothing seems to be working.
20. We must remove you from society so that the public are protected. That was my thought initially, then I saw the letter from your employer. He says some surprising things about you. He says that in your job, you are the best in Tonga. He says that you have stopped your alcohol consumption and that he, very sensibly, has made arrangements so that your various debts are repaid. He is doing that by making deductions from your wages. You owe him a considerable debt of gratitude.
21. I have considered the question of suspension in accordance with the principles of Mo'unga, you are not young, however you did plead guilty at the earliest opportunity, and you cooperated with the Police.
22. As such, taking all these matters together. I am very reluctant to do what, in fact, I have decided I will do, which is to suspend the whole of your sentence for 3 years on conditions.
    5. FINAL RESULT
23. For Count 2, I sentence you to 8 months imprisonment, fully suspended for 3 years on the following conditions:
    1. You must not commit any offence punishable by imprisonment.
    2. You must pay what you owe to those that you have cheated within 12 months.
    100. You will be placed on probation for the duration of your suspended sentence.
24. For Count 1, I sentence you to 5 months imprisonment concurrent to Count 2.
25. For Count 3, I sentence you to 3 months imprisonment concurrent to Count 2.
26. For Count 4, I sentence you to 3 months imprisonment concurrent to Count 2.
27. This is your last chance, if you behave in this way again, no one will save you.
28. Any breach of the conditions set out in your suspended sentence will result in the 8 months being activated in full to be served in custody.
29. That is the order of the Court.
    

NUKU’ALOFA
HON. MALCOLM BISHOP KC
LORD CHIEF JUSTICE
20 JANUARY 2026