By Linny Folau
Repeat offender, Siosaia Lata Funaki, is serving five years and five months, in prison after pleading guilty to three counts that included theft of meat from a business in Ma’ufanga and armed robbery of a foreigner, who was punched in the mouth before his iPhone and money were stolen.
Jusice Garlick sentenced Funaki on 10 October at the Supreme Court in Nuku’alofa, after he pleaded guilty during three separate appearances in May and August. He was also dealt with for breach of a suspended sentence imposed on him on 5 September 2023, for offences of housebreaking and theft.
The judge stated that on 24 January 2025, the defendant accosted and robbed the complainant in this case using an iron bar to threaten him. He grabbed the complainant's bag and drove off. The bag contained $1,200 pa’anga, an Apple watch (valued at $2,000) and a key ring (valued at $200).
On 26 January, the defendant went with others to the premises of a company called Small Trading at Ma'ufanga, where they used a bolt cutter to unseal four containers containing meat products, which they stole.
Then on 1 March, the defendant and two others stopped the complainant, who was a foreign national working at the New Zealand High Commission. They demanded money from the complainant and then punched him in the mouth causing him to fall to the ground, and then stole the complainant's iPhone and the sum of NZ$800.
The Crown submitted the aggravating factor was that the defendant had numerous previous convictions, including convictions for housebreaking and theft in 2023.
In addition these offences were serious given the nature of the offending and the values involved in each matter, theft involving goods worth $36,200; robbery involving $3,400 and armed robbery involving an iPhone worth $2,500 and NZD$800). The repeat offende was last convicted for theft in 2024, breaching the suspended period for another theft sentence in 2023.
“The impact on the victims for each matter, both psychologically (for the theft and armed robbery offences) and physically (for the robbery offence) are significant. He is also a risk to society as he committed multiple indictable offences in quick succession. His only mitigating factors were his guilty pleas to all charges at the earliest opportunity and he cooperated with the police,” stated the Crown.
The defendant was not legally represented at the sentencing hearing. However, when he was asked by the court if he wished to say anything about himself or the offences in mitigation, he asked for the court to pass the most lenient sentence that it could.
The judge took into account his young age when determining the just and proportionate total sentence in his case, and had particular regard to the principle of totality of sentence. He then imposed final sentences of two years imprisonment for theft, two years for robbery, and for armed robbery, five years.
The theft and robbery cases shall run concurrently with each other but consecutively to the sentence on the armed robbery case, making a total sentence of seven years imprisonment.
At the same time, the defendant's suspended period of six months for the sentences in the Magistrates Court matters was implemented consecutively to the sentences, making a total period of seven years and six months imprisonment.
“I now have to consider whether all or part of that sentence should be suspended. The Crown accepted that it is appropriate in this case for the court to consider suspending part of the sentence of imprisonment.”
“Given his relatively young age, I think that there is some degree of possibility that the defendant will be rehabilitated during his time in custody, and that the imposition of a partially suspended sentence will assist that process of rehabilitation. Accordingly, I have concluded that in this case it is just and proportionate that the final two years of the final sentence of imprisonment should be suspended for a period of two years on the conditions.”
The judge sentenced the defendant to a total of seven years and six months' imprisonment, with the final two years suspended for two years on conditions.
This means that the defendant is now serving five years six months in prison.
