IN THE SUPREME COURT OF TONGA                                            	
CRIMINAL JURISDICTION		
NUKU’ALOFA REGISTRY
		 
CR 15 of 2024

BETWEEN:		                        
REX
-Prosecution

AND:                                                  
TALIFOLAU LETISI 
-Accused

SENTENCE

Before:	            HON. LORD CHIEF JUSTICE BISHOP KC

Appearances:		Mr G Aleamotu’a for the Crown Prosecution
			Mrs F Vaihu for the Defendant
Date:	                        23 January 2025

THE CHARGES
1.	The Defendant pleaded guilty to the following charges on 22 October 2024; 
a.	Count 2: Charge of Motor Vehicle While Under the Influence of Alcohol, contrary to section 33(1) and (2)(b) of the Traffic Act. 
2.	This was following an amended indictment being filed from the Prosecution on 20 November withdrawing Count 1 being causing death while driving under the influence of alcohol. I found the Defendant guilty of the charge on 26 November 2024.
CROWN SUBMISSIONS
3.	The Crown filed their amended indicative sentencing submissions on 16 January 2025.
4.	For a guilty plea, the Crown recommend a final sentence of 9 months imprisonment fully suspended on conditions. 
DEFENDANT’S SUBMISSIONS
5.	A mitigation submission was filed on 20 January 2025 in response to the Indicative Sentencing from the Prosecution. 
6.	Counsel for the Defendant strongly opposes the final recommendation for sentencing by from the Prosecution, stating that it’s harsh.
7.	No lesser sentencing duration is submitted but the mitigation plea included caselaw, reference letters, personal family background and provided a summary of customary gifting that the Accused provided to the family of the deceased for their loss.
PRESENTENCE REPORT 
8.	A presentence report was filed from the Probation Office on 22 January 2025. 
9.	The report detailed the Accused’s upbringing, personal history and factors relating to the offence with their recommendation. 
10.	The Probation Office assesses the Defendant as an individual that has previous conviction but has shown remorse and his regret for his reckless driving in these proceedings.
11.	A partly suspended sentence is recommended from the Probation Officer on conditions.
DISCUSSION
12.	You have pleaded guilty to being in charge of a motor vehicle whilst under the influence of alcohol the alcohol blood reading in your case with 250mg of alcohol per hundred litres of breath.
13.	This is a high reading which occurred in circumstances when you had the option of not driving because you were already at home and after drinking the previous night and the following morning because your daughter wished to attend a rugby training. 
14.	You could’ve waited until you were sober because you were alerted by your daughter at between 4 and 5 am and her appointment did not commence until 7 am. So you took a chance with catastrophic results. 
15.	I make it plain that I am no way sentence you for causing the death of the pedestrian and I sentence you solely for being in charge of a motor vehicle whilst having consumed an excessive amount of alcohol. 
16.	It is important that motorists bear in mind the importance of not drinking whilst driving or immediately before driving, this puts themselves and other road users at risk with serious consequences. 
17.	I’ve considered all that’s been written about you. You are a man of previous good character. You have no previous convictions. You are spoken of well in the community. You’ve already been in custody for two months and have taken strong measures to share your remorse by payment to the family of the deceased in substantial sums of money, food and traditional artefacts. 
18.	Nevertheless, I take the view that no other way of dealing with you is possible other than a custodial sentence. I take as a starting of 15 months from which I deduct 9 months because of your guilty plea which results in a sentence of 6 months. Because of your good character the suffering which I am satisfied has already brought about, I fully suspend that sentence I do not in your case think it a sensible use of you or the probation service to carry out a community service order and accordingly the sentence is one of 6 months’ imprisonment to be fully suspended for two years that means that you must not commit any offense during the subsistence of the suspended sentence if you do so that sentence will be activated.
19.	I make it plain that the substantial amount paid to the sister of the deceased, is not in any way an attempt to but leniency but simply an experience of your remorse for what happened and your attempt at rehabilitation 
FINAL RESULT 
20.	For Count 2 of Charge of Motor Vehicle While Under the Influence of Alcohol, I sentence you to 6 months’ imprisonment fully suspended for 2 years under the following conditions:
a.	You must not commit any offence punishable by imprisonment
b.	You are placed under Probation for the period of your suspended sentence

HON. MALCOLM BISHOP KC
LORD CHIEF JUSTICE
NUKU’ALOFA
23 January 2025