By Linny Folau
Saione Funaki (19) received a suspended sentence for common assault when he punched a 16 year old on the mouth, causing him to loose consciousness, when he was walking back to Nukuleka, from Makaunga on eastern Tongatapu.
Lord Chief Justice Bishop sentenced him on 21 July at the Supreme Court in Nuku’alofa. This was after he pleaded guilty to the common assault on Kapeli Langi. A co-accused, Siosifa Jr Lamipeti, who first punched the complainant, had pleaded guilty to causing grievous bodily harm and is expected to be sentenced in September.
From the Prosecution’s Summary of Facts it was reported that on 12 December 2024 the assault happened at around 7:00pm, when after socializing under the influence of alcohol in Makaunga, the complainant was walking back to Nukuleka.
The Crown filed its indicative sentencing submissions on 17 July together with the summary of facts and the indictment in preparation for arraignment. For the accused’s guilty plea, the Crown recommended a final sentence of six months imprisonment fully suspended for 12 months on conditions.
In sentencing him in accordance with the recommendations, the Lord Chief Justice noted that he was very much surprised that the defendant was only been charged with common assault, where on the facts, he punched the complainant right after he had been punched by his co-defendant.
“For you to then proceed to punch that same person with such force that he lost consciousness after that person has already been punched to the extent that his jaw is damaged, strikes me as strange to allege for simply common assault. However, the responsibility of drafting indictments and pursuing a prosecution is not that of the Court but of the Prosecution and it is for them to justify if they can the decisions they make.”
He stated that in view of the final submission by the Prosecution, he ordered that the defendant serve a wholly suspended sentence. He also saw no point in burdening the Probation Office with compiling a report because he understood that he was a person of previous good character and has a good job as a carpenter.>
For common assault, he imposed a starting point of nine months imprisonment but having regard his mitigation features being his early guilty plea, good character and the way in which the Crown had conducted its case, he reduced the sentence to six months fully suspended for two years.
The defendant was then sentenced to six months’ imprisonment fully suspended for two years on conditions that he must not commit any other offence during your suspension and must not associate with the first defendant Siosifa Jr Lamipeti.
In addition, he was placed on probation for a period of two years and must undertake 60 hours of community service as directed by the Probation. He must also pay $2000 compensation to the victim within four months.
The Lord Chief Jusice warned the defendant that if he does not comply with these conditions particularly the compensation to the complainant, the suspended sentence will be activated in full and he will serve his sentence in prison.
