Sione Faka’osi (46) was sentenced to 16 months' imprisonment for fraudulently obtaining $11,600 from his employer, Semisi To'ofohe, by pretending to sell a non-existent container.
Justice Tupou sentenced him on April 22 in the Supreme Court, Nuku’alofa, after his January guilty plea.
The court heard that on January 14, 2024, Faka’osi promoted a fake 40ft container, pretending it belonged to Samiuela Lomu, an acquaintance. The same day he called Mr To’ofohe about the container, pretending he was Samiuela. He falsely told him that the container was being unloaded at his house and he would deliver it. Faka’osi accepted a $3,000 deposit and subsequent payments totalling $11,600 under this false identity.
When Mr. To'ofohe failed to receive the container or a refund, he lodged a police complaint in July. Faka’osi was arrested in September and admitted the deception.
The court noted Faka’osi’s prior convictions for similar offences, the premeditated nature of his crime, and his lack of restitution. The offending was premeditated and involved deceit and dishonesty. He was considered high risk for re-offending.
The Judge said despite his early guilty plea, there were unusual circumstances
“Here the defendant's deceit, dishonesty, systematic lies impersonating someone else, breach of his employer's trust, the quantum of monies obtained and failure to make restitution despite promises to do so, render imprisonment necessary."
The defendant was sentenced to 20-months imprisonment, with four months suspended for two years, contingent on good behaviour and probation conditions. Failure to adhere to probation conditions could result in serving the full sentence.
