R v Taumoepenu [2026] TOSC 17; CR 154 of 2025 (13 January 2026)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY
CR 154 of 2025

BETWEEN:
REX
-Prosecution

AND:
VILIAMI TAUMOEPENU
-Accused

SENTENCE

BEFORE:
HON. LORD CHIEF JUSTICE BISHOP KC

Appearances:
Mrs E Lui for the Crown Prosecution
The Defendant in person
Date:
13 January 2026

1. THE CHARGES

1. The Defendant pleaded guilty on 07 November 2025 to the following charges;
   1. Count 1: Serious Housebreaking contrary to section 173(1) (b) and (5) of the Criminal Offences Act when you entered the house of Meliame Tu’ipulotu as a trespasser and committed a crime therein on or about 19 July 2025; and
   2. Count 2: Serious Indecent Assault contrary to section 124(1) and (3) of the Criminal Offences Act when on or about 19 July 2025, you did indecently assault Meliame Tu’ipulotu, when you fondled her vagina outside her shorts without her consent.

2. CROWN SUBMISSIONS

2. The Crown filed their sentencing submissions on 06 January 2026 to assist the Court.
3. Along with the mitigating and aggravating features, the following caselaws were submitted in support
   1. R v Fainga’anuku [2021]
   2. R v P.U (a pseudonym) [2024]
   100. Rex v Kakau [2020]
   4. R v S.H )a pseudonym) [2022]
   5. R v ‘Otuhouma [2024]
   6. R v Vea [2021]
4. For a guilty plea, which is applicable in your case, the Crown recommend a final sentence of 2 years with the final 12 months to be suspended on appropriate conditions.
   100. PRESENTENCE REPORT
5. On 08 October 2025, a report from the Probation Office was filed where I was told further details about your upbringing, personal history and your version of the offending.
6. You are the 5^th child out of 8, growing up in a decent family with the support of both parents until your father left and never returned. You dropped out of school in Form 4, unemployed and you are generally in good health. You have previous criminal convictions.
7. The Probation Officer believes that you are capable of changing. Despite you growing up in a loving family, you have been making bad decisions as a result of peer pressure.
   4. DISCUSSION
8. You have pleaded guilty to serious housebreaking in which you trespassed in the home of the victim and committed the crime of indecent assault in which you have also pleaded guilty to.
9. What is serious in this case is that you have committed a crime breaching the trust of a person who perceived you as a brother, who would never perpetrate such an act towards her. You have violated the victim’s safety in the comfort of her own home. I agree with Crown that the head sentence be Count 1.
10. You are not a foreigner to the Courts, I have read in the Probation Report that you have prior convictions involving housebreaking and theft. In which, you breached community orders and are now being remanded.
11. I have read the helpful submissions by the Crown, but as I have said many times before, each case is to be decided on its own facts. I take as a starting, 3 years imprisonment for Count 1. You trespassed the home of the complainant, with, seems to me, intentions to take advantage of her, I take as a starting, 2 years imprisonment for Count 2, to be served concurrent to the head count.
12. You pleaded guilty at the earliest opportunity to both offences and cooperated with the Police, for that I deduct the starting point by 6 months for both counts.
13. I have considered the question of suspension in accordance with the leading case of Mo'unga and satisfied that all but one applies, in that you are young, you pleaded guilty at the earliest opportunity, you cooperated with the police and told the probation officer you are remorseful but you do have previous convictions for offences of similar nature to Count 1 in which you breached that sentence of a community service order in the Magistrate Court.
14. I conclude that there is some prospect of rehabilitation and hope that you will take the opportunity of your loss of liberty to reflect on the error of your ways.
15. For those reasons I suspend the final 12 months of your sentence for 2 years on conditions.
    
    5. FINAL RESULT
16. For Count 1 of Serious Housebreaking, I sentence you to 2 ½ years imprisonment with the final 12 months of your sentence to be suspended for 2 years on the following conditions;
    1. You must not commit any offense punishable by imprisonment.
    2. You must report to the probation office within 48 hours of your release from custody.
    100. You are to live where directed by the Probation Office.
    4. You will be placed on probation during the period of suspension which is 12 months.
    5. You must complete a course on alcohol and drug awareness with the Salvation Army at the direction of the Probation Office.
17. For Count 2, I sentence you to 18 months imprisonment concurrent to Count 1.
18. For the avoidance of doubt, you will serve a total of 18 months imprisonment followed by 12 months suspended on conditions for a period of 2 years on the conditions mentioned above.
19. I further order that the sentence I impose on you today be backdated to take onto account time already served in custody.
20. A publication restriction is also ordered pursuant to s119 of the Criminal Offences Act whereby no details that shall reveal the complainant’s identity shall be published or broadcasted in the Kingdom.
21. That is the Order of the Court.
    

NUKU’ALOFA

HON. MALCOLM BISHOP KC

LORD CHIEF JUSTICE

13 JANUARY 2026