By Linny Folau
Tevita Fetu’u (27) received a suspended sentence for causing serious bodily harm when he fractured a 25-year-old man’s jaw in an assault at a bar in Vava’u.
Lord Chief Justice Bishop sentenced him on 28 March in the Supreme Court Neiafu Registry. This was after, he pleaded guilty to assaulting Robert Guttenbeil in the Vava’u Sports Bar on the night of 13 July last year. He fractured the complainant's jaw in two places.
“It is said that this was in retaliation to a previous altercation or disagreement between you two. That is no excuse. No doubt while under the influence of alcohol you behaved in a way which cannot be tolerated and what you did caused considerable suffering to the complainant,” the Lord chief Justice stated.
“In addition, it cannot be said that you do not have previous convictions because you have, it appears, been unable to control yourself, I suspect again whilst drinking,” he stated.
The court heard that the defendant was remorseful and is usually a man of good character who holds a respected position at his local church, where he is the leader of his youth group. He offered reparations to the complainant’s family. The Probation Office stated that he was at low risk of re-offending and recommended a fully suspended sentence on conditions.
“I have struggled to see whether your sentence can be suspended in whole or in part. On the other hand there are significant aggravating features here, the attack was essentially unprovoked. You are not a first-time offender, serious injuries were sustained by the victim and the assault could have been fatal.”
The judge accepted that his remorse was genuine, that he had already made some attempt at a reparation, and had particular regard to the fact that the victim had forgiven him and bears him no ill feeling. “That is a great tribute to his character which you would do well to emulate,” the judge stated.
The Lord Chief Justice then took into regard the principles of Mo’unga where some, but not all of the criteria applied to the defendant. He was not young and did not have an unblemished character but he had been free of criminal activity for some time.
He acknowledged that the defendant was likely to take the opportunity of a suspended sentence to rehabilitate himself, and decided to suspend the whole of the sentence being 18 months, for a period of three years but on strict conditions.
He ordered that the accused must then for the next 12 months not enter licensed premises or a bar and must not during that period drink in public.
He advised the accused to give up alcohol altogether because when drinking in the past “it seems you are unable to control yourself.”
“You must during the course of the next 12 months undertake a course of counselling under the direction of the probation service,” he added.
The defendant was sentenced to 18 months imprisonment fully suspended for three years, on conditions. He must also pay $1,000 compensation to the complainant within the next 18 months.
The Lord Chief Justice hoped that what happened served as a lesson to the defendant. “However be in no doubt any further offending during the next three years will result in this sentence of imprisonment being activated,” he stated.
