R v Lolohea [2026] TOSC 20; CR 168 of 2025 (13 January 2026)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY
CR 168 of 2025

BETWEEN:
REX
-Prosecution

AND:
PITA LOLOHEA
-Accused

SENTENCE

BEFORE:
HON. LORD CHIEF JUSTICE BISHOP KC

Appearances:
Mrs E Lui & Mr G Aleamotu’a for the Crown Prosecution
The Defendant in person
Date:
13 January 2026

1. THE CHARGES

1. The Defendant pleaded guilty on 12 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 on or about 23 March 2025, you entered the Ministry of Internal Affairs as a trespasser and committed a crime therein.
   2. Count 2: Theft, contrary to section 143(a) and 145(b)of the Criminal Offences Act when on or about 23 March 2025, at Kolofo’ou, you did dishonestly take without any colour of right, 1 camera, 2 apple tablets, 4 Samsung tablets, with a total value of $14,756 with the intent to permanently deprive the Ministry of Internal Affairs.
   100. Count 3: Serious Wilful Damage, contrary to section 187(1) and (3) of the Criminal Offences Act, when on or about 23 March 2025, at Kolofo’ou, you intentionally and unlawfully, damaged 6 doors at the Ministry of Internal Affairs, valued at $2,610.

2. CROWN SUBMISSIONS

2. The Crown submitted their sentencing submissions on 12 January 2026 to assist the Court.
3. Mitigating and aggravating factors were submitted with the following caselaw in support:
   1. Rex v Vatikani CR 99/2024
   2. Rex v Fifita CR 74/2018
   100. Rex v Malafu (unreported CR 133/2016)
   4. Rex v ‘Ealelei (CR 162/2018)
   5. Rex v Maile (unreported, CR 133/2019)
   6. R v ‘Unga [2021] TOSC 63
4. In light of the Defendant’s guilty plea and the Crown recommend the following sentence be imposed:
5. Count 1: 2 ½ years imprisonment with the final 12 months suspended for 2 years on conditions.
6. Count 2: 2 years concurrent to Count 1.
7. Count 3: 80 hours of community service
   100. PRESENTENCE REPORT
8. On 12 January 2026, 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.
9. You were married however subsequently divorced in which you had custody of 2 of your children and your former wife had custody of 2 of your children. You then entered into a de facto relationship and had 4 additional children. Now that you are in custody all the children are with their respective mothers and your partner is no longer with you
10. The Probation Officer assesses that you are a high risk to the community and although you have expressed remorse for the offending, an imprisonment sentence is recommended.
    4. DISCUSSION
11. You have pleaded guilty to serious housebreaking, theft and serious wilful damage.
12. The acting Chief Executive Officer at the time received a report that there had been a break in at the Ministry of Internal Affairs with various items stolen and numerous doors damaged.
13. This was reported to police, to which in response a search warrant was executed on your residence in Popua where the items where then found and recovered.
14. What is serious in this case is that you broke into a government building, damaged government property and stole assets all belonging to the government through the Ministry of Internal Affairs.
15. Although you admitted to Officer Satini that you were the one that had broken into the building in addition to other buildings as well when you were arrested, in your interview you stated that you would only speak in Court.
16. In your case, I take Count 1 as the head count and impose a starting point of 4 years imprisonment, minus 12 months for your guilty plea and cooperation with the police upon your arrest, resulting in a remaining 3 years imprisonment.
17. I have considered the question of suspension in accordance with the leading case of Mo'unga noting that you did plead guilty at the earliest opportunity and that you did cooperate with police once you were arrested as I have mentioned before.
18. On the other hand, the Court does have a duty alongside rehabilitation, to deter and punish such behaviour as yours as a warning to others which in your case, I consider substantial.
19. I have been impressed by the letter from the Police Chaplain. It was written in Tongan but the contents had been communicated to me. And what it tells me, paints a completely different picture of you than what was apparent from what you did.
20. Taking his considered and experienced view into account, I have decided it is just about possible, having also considered your personal circumstances to suspend the last 18 months of your sentence for a period of 2 years on conditions.
21. For Count 2, a starting point of 2 ½ years reduced by 6 months for mitigation, to be served concurrently to Count 1. I further suspend the last 6 months of this sentence for a period of 2 years on the same conditions.
22. Administratively, I rescind the suspension imposed in paragraph 21 above having already imposed a suspended period in Count 1 relevant to these proceedings from the same set of facts.
23. For Count 3, I adopt the Crown’s recommendation and impose 80 hours of community service to be completed within the period of your suspended sentence within 12 months.
    5. FINAL RESULT
24. For Count 1 of Serious Housebreaking, I sentence you to 3 years imprisonment with the final 18 months of your sentence suspended for 2 years on the following conditions;
    1. You do not commit any offense punishable by imprisonment;
    2. You are to live where directed by the Probation Office;
    100. You will be placed on probation during the period of suspension which is 2 years;
    4. You must undertake an Alcohol and Drugs Awareness Course with the Salvation Army.
    5. You must report to the probation office within 48 hours of your release from custody.
25. For Count 2, I sentence you to 2 years imprisonment concurrent to Count 1.
26. For Count 3, I impose a sentence of 80 hours community service to be served within the period of your suspended sentence, within 12 months.
27. 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.
28. I further order that the sentence I impose on you today must be backdated to take onto account time already served in custody.
29. That is the order of the Court.
    

NUKU’ALOFA

HON. MALCOLM BISHOP KC

LORD CHIEF JUSTICE

13 JANUARY 2026