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R v Tukumoe'atu [2025] TOSC 68; CR 86 of 2025 (28 July 2025)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY
CR 86 of 2025

BETWEEN:
REX
-Prosecution

AND:
VILIAMI TUKUMOE’ATU
-Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mrs E Lui and Mr L Vaea for the Crown Prosecution
Mrs S Fa’otusia for the Accused
Date: 28 July 2025

1. THE CHARGES

1. The Defendant was arraigned on 18 June 2025, where he pleaded guilty to all charges on the indictment;
   1. Count 1: Reckless Driving Causing death when you drove a vehicle at excessive speed, intoxicated, lost control of the vehicle and collided with an electricity pole causing the death of Sione Feke’ila Tukumoe’atu who was a passenger in the vehicle, contrary to section 27(5) of the Traffic Act.
   2. Count 2: Reckless Causing Bodily Harm when you drove a vehicle at excessive speed, intoxicated, lost control of the vehicle and collided with an electricity pole causing two deep lacerations to Pelenatita To’a’s abdomen, who was a passenger in the vehicle contrary to section 27(5) of the Traffic Act.
      
      2. BACKGROUND
2. On the 18 January 2025 at about 11:30am you were in a vehicle with your father and another passenger, your fiancée who was driving because she had not consumed alcohol, but you had and were intoxicated.
3. During the journey you demanded to drive in place of the driver who had not been drinking when she refused you slapped her, and she stopped the vehicle.
4. You then took over the driving although the deceased, your own father asked you to desist. You had an argument with your father and during which you began overtaking vehicles and struck an oncoming vehicle whilst you were driving at 140 kilometres per hour, you obviously lost control, veered to the side of the road and collided with an electricity pole.
5. The deceased, your father was ejected from the vehicle and pronounced dead on arrival at the hospital. The passenger had two deep lacerations to her left bone and lacerations on other parts of her body as well as multiple lacerations over her left lower quadrant and on her abdomen.
6. You have pleaded guilty to reckless driving causing death and reckless driving causing bodily harm and I must sentence you on these counts.
   
   100. CROWN SENTENCING SUBMISSIONS
7. The Crown filed their indicative sentencing submissions to assist the Court on 27 May 2025 together with other arraignment documents.
8. In light of a guilty plea, they recommend the following;
   1. Count 1: 4 to 5 years imprisonment
   2. Count 2: 10 to 16 months imprisonment with 6 months cumulative to Count 1.
      
      4. PRESENTENCE REPORT & MITIGATION PLEA
9. A presentence report was ordered for the Defendant. The report filed detailed the Defendant’s upbringing, personal history and factors in relation to the offending in this proceeding.
10. You are the second youngest child of eight, separated, and you have two children. You have no known health issues, you provide for your family by working overseas on a seasonal work program.
11. You are observed to be very remorseful and regret your actions.
12. The Probation Officer recommends a partial suspended sentence on appropriate conditions.
13. On 25 July 2025, learned Counsel on behalf of the Defendant filed sentencing submissions for the Court to consider.
14. In the submissions from your learned Counsel, I was told about your mitigating features together with submissions on the appropriate sentence for you supported by caselaw and letters of support from your family and the community.
15. A partial suspension is recommended on your behalf to allow you to rehabilitate.
    
    5. DISCUSSION
16. This is a particularly bad piece of driving. You were drunk at the time, you insisted on driving although a perfectly sober passenger was doing so. You had an argument with your father who was trying to stop you and that caused you to overtake a number of vehicles and inevitably to lose control with the tragic consequences I have just mentioned.
17. As you know causing death by reckless driving has an increased penalty maximum penalty of 15 years as opposed to the earlier penalty of 10 years and there have been corresponding increases in the events of causing bodily harm by way of reckless driving and I must take account of the will of the legislature.
18. In passing sentence, you do not need me to tell you what this tragedy has unfolded. You are an otherwise decent man who according to the summary of facts have no previous convictions although this is disputed in the probation report however, I will deal with you on the basis that you have no previous conviction.
19. You have led a decent life and have made a productive contribution to the life of the church including its youth group. You have much to be ashamed of. I accept that your remorse is strong and sincere. I accept that you have been taught a very bitter lesson.
20. I have read the moving testimonies which have been provided as well as the probation report and the indicative sentence report.
21. I also considered the sentencing submissions on behalf of your own learned counsel. I have paid particular attention to the heartfelt plea of your widowed mother with whom you live and for whom you provide and also the injured passenger, your fiancé.
22. I have found the sentencing submissions on your behalf helpful and realistic, it is suggested that the appropriate starting point in your case should be one of 5 years imprisonment whereas the prosecution submit that the starting point should be 6 to 7 years.
23. In my view, the appropriate starting point is one of 6 years for Count 1 and 18 months for Count 2.
24. For Count 1, I deduct 2 years by reason of your early guilty plea together with a further 12 months by reason of your object remorse and your recognition of the suffering which you will endure for the rest of your life as will your family.
25. In Count 2, I deduct 6 months for your guilty plea leaving a total of 12 months’ imprisonment to be served concurrent to Count 1 because this offence was committed at the same time and as part of the same event.
26. I have considered whether to suspend all or part of your sentence by reference to the leading case in Mo’unga. You are young, you have shown remorse, this is an isolated offence, and you have made a decent contribution to the community.
27. For those reasons, I consider that the prospects of rehabilitation in your case are excellent, and I suspend the last 2 years of your sentence for a period of 2 years on conditions.
28. It is crucial that you are reminded of the ramifications of speeding and overtaking.
    
    6. FINAL RESULT
29. For Count 1: Reckless Driving Causing death contrary to section 27(5) of the Traffic Act, I impose a sentence of 3 years imprisonment with the last 2 years suspended for 2 years on the following conditions:
    1. You must not commit any offence punishable by imprisonment during that term.
    2. You must be placed on probation.
    3. You must report to the Probation Office within 48 hours of your release from custody.
    4. Your driving licence is suspended for three years.
30. For Count 2: Reckless Causing Bodily Harm contrary to section 27(5) of the Traffic Act, I impose a sentence of 12 months’ imprisonment concurrent to Count 1.
31. I give permission for your passport to be returned, and you are to be removed from the ‘No Fly’ list but only if the purpose of your journey is employment in either Australia or New Zealand for agricultural purposes. Documentary evidence of the purpose of every visit must be lodged with the probation service as a condition of the return of your travel documents.
32. That is the order of the Court.