By Linny Folau
Repeat offender, Funaki ‘Otuhouma (32) is serving two years in prison on serious housebreaking, theft of goods valued at around $15,806 and serious wilful damage. He also breached a suspended sentence which was added to his sentence.
Lord Chief Justice Bishop sentenced him at the Supreme Court in Nuku’alofa, after he pleaded guilty in July to all of the charges.
The offences were committed on 2 February this year, when he entered the shop of Shu Wei Zheng as a trespasser and committed the theft of items as well as damaging one window valued at $800.
He pleaded guilty to serious housebreaking, theft and serious wilful damage, which all occurred as a result of a burglary at a commercial premises where property to the value of $15,806 was stolen, and only half of which had been recovered.
"Housebreaking is becoming a serious problem in Tonga and the courts must act accordingly and punish those offenders to indicate that the disquiet this inevitably causes must be stamped out in the interest of the community in general. This applies equally to lawful commercial premises as it does to residential ones,” stated the Lord Chief Justice.
The defendant had previous convictions. In 2022 he was sentenced to four years imprisonment for domestic violence and on 28 February of this year, he was sentenced for unlawful possession of utensils and illicit drugs, and was given a six months suspended sentence for one year.
“This means that during the period of his suspended sentence he had re-offended and accordingly as he was warned is liable to have to serve that sentence in addition to the sentence, which is to be imposed for these offences,”stated the Lord Chief Justice.
He took a starting point of three years imprisonment taking into account the comparative sentences helpfully submitted by the Prosecution.
Because the defendant pleaded guilty and cooperated in recovering some of the items, he was given a discount of 12 months (reducing his sentence to two years), however, the suspended sentence was activated. The result was two and half years imprisonment.
The final six months was suspended on conditions for 12 months.
“I conclude that there is some prospect of rehabilitation and hope that you will take the opportunity of your loss of liberty to reflect on the error of your way,” the Chief Justice stated.
The defendant must undertake a life skills course and complete an alcohol awareness course. He must also report to the Probation Office within 48 hours of his release from custody.
