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R v Ma'u [2025] TOSC 76; CR 112 of 2025 (18 September 2025)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY
CR 112 of 2025

BETWEEN:
REX
-Prosecution
AND:
VILIAMI TINO MA’U
-Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mr G Aleamotu’a for the Crown Prosecution
The Defendant via AVL from Ha’apai Magistrates Court
Date: 18 September 2025

1. THE CHARGES

1. The Defendant pleaded guilty on 29 July 2025 to the following charge;
   1. Count 1: Theft when you dishonestly took without any right a White in colour, Holden valued at 20,000, contrary to section 143(a) and 145(a) of the Criminal Offences Act.
      

2. CROWN SUBMISSIONS

2. The Crown filed their sentencing submissions on 18 September 2025 to assist the Court.
3. Along with the mitigating and aggravating features, the following caselaws were submitted in support
   1. Rex v Pea ‘I Vaiola Pahulu (CR30 of 2023)
   2. R v Finau [2023] TOSC 49
      
4. For a guilty plea, which is applicable in your case, the Crown recommend a final sentence of 2 years and 3 months imprisonment with the final 4 months to be suspended on appropriate conditions.
   
   100. DISCUSSION
5. You are being sentenced for the charge of theft when on 1 of March 2025, you took a Holden van belonging to a relative, valued at 20,000 TOP.
6. What you did was serious and it happened at the dead of night and the victim was your own relative.
7. You were apprehended shortly afterwards and confessed your involvement and cooperated with the Police. You pleaded guilty at the earliest opportunity which is to your advantage.
8. What is serious about your case as I said in the last time I dealt with you, is your record of previous offending.
9. You have been convicted on previous occasions for offences of dishonesty, you have been given every opportunity but once again you have not learned your lesson therefore I fear there is no other way to deal with your offending but that of a custodial sentence.
10. I have considered the comparable cases of the Prosecution although every case must be decided on its own facts.
11. I notice that the comparable case of Hafoka at paragraph d suggest the sentence of 22 years imprisonment, that must be mistaken and it should be 22 months.
12. In the absence of a probation report I must do my best to assess your culpability and any chances of rehabilitation and the public interests in relation to your offending.
13. For Count 1, I have decided that the starting point in your case is 30 months imprisonment however for your guilty plea, I deduct 12 months making a result of 18 months imprisonment.
14. You are already serving a sentence and the sentence I will impose today will begin from today. I now have to consider whether to make the current sentence concurrent or consecutive in consideration of the principle of totality.
15. I have decided that of those 18 months, 12 months must be served consecutively to the sentence you are currently serving with 6 months concurrent.
16. As to suspension, you are comparatively young but in regard to prospects of rehabilitation in your case rather problematic, may be that you have alas learnt your lesson. I find that you do not wish to continue the remainder of your life being in and out of prison as you have in the past that is a matter for you.
17. That in hope you will in some way reform character or at least somebody that has learnt their lesson, I will suspend 4 months of the sentence I have now imposed and the result is, you will serve 8 months consecutive to the sentence you are now serving, the remainder of the sentence will be served concurrently, and I suspend the last 4 months for 2 years on the conditions I have explained before in your previous matter before me in March;
    1. You must not commit any offence punishable by imprisonment;
    2. You must report to the Probation Office
    100. Complete a course at the Salvation Army on life skills at the direction of the Probation Office.
18. The upshot is you will serve an additional 8 months and that will start from today.
    
    4. FINAL RESULT
19. For Count 1 of Theft, I sentence you to 8 months of imprisonment from the sentence you are currently serving in CR235/2024 with the last 4 months to be suspended for 2 years under the following conditions:
    1. You are not to commit any offence punishable by imprisonment;
    2. You are to report to Probation office
    100. Complete a course at the Salvation Army on life skills at the direction of the Probation Office.
20. For the avoidance of doubt, of that 18 months, 12 months is to be served consecutively and the remaining to be concurrent.
21. You will serve a total of 8 additional months for this offending consecutive to CR235/2024
22. That is the order of the Court.