By Linny Folau
Christopher Tupe (20) is serving one year and four months in prison for causing grievous bodily harm, when he attacked a 25-year-old complainant with a machete, after a fist fight at a bar in ‘Eua earlier this year.
Justice Paul Garlick sentenced him on 5 December at the Supreme Court in Nuku’alofa. This was after he pleaded guilty to the one count in September.
The Summary of Facts by the Prosecution stated that on the evening of Friday, 28 February, the complainant, the defendant and one Maika were consuming alcohol at the complainant's residence. Later in the evening, the complainant drove them in his vehicle to a friend's home in Futu. There the defendant and Maika drove off in the vehicle and left the complainant at the residence.
The complainant went looking for the two and found them at Lolo's Bar at Tufu. The complainant was angry at the defendant for taking his vehicle and they got into a fist fight. After the fight, the complainant returned with the two back to the defendant’s residence in 'Ohonua in his vehicle. The defendant then got off and went into his house. Shortly after, he returned back with a machete and attacked the complainant.
The defendant repeatedly swung the machete and hit the complainant. The complainant shielded his face with his left hand and the blows landed on his left forearm and he was injured.
The judge stated that the offending conduct in this case was extremely serious.
"The defendant and the complainant had been drinking together. At some point, the defendant drove off in the complainant's car, which angered the complainant who went looking for the defendant. He found the defendant in a bar in Tofu and they began to fight. The fight ended and the complainant took the defendant to his home. The defendant then armed himself with a machete, returned to the complainant's home and attacked him with the machete."
“He repeatedly swung the machete at the complainant and the blows landed on the defendant's left arm causing very serious and permanent injuries. The blows with the machete also caused injuries to other parts of the complainant's body. The complainant sustained a deep laceration to his left wrist, some six centimetres by four centimetres in length and breadth."
This offence carries a maximum penalty of 10 years' imprisonment.
Aggravating factors against the defendant submitted by the Prosecution was the seriousness of the offence and the use of a deadly weapon. His mitigating factors was his early guilty plea, having no previous convictions, his young age, full cooperation with the police and his genuine remorse for the offence.
Meanwhile, the Prosecution submitted that this offence passed the threshold for a custodial sentence. The judge agreed.
In his judgment the appropriate starting point for the sentence in this case was five years imprisonment. That sentence was reduced by one third, to reflect the defendant's cooperation with the police and his early plea of guilty.
The judge then sentenced the defendant to three years and four months imprisonment, with the final two years suspended for two years, on conditions.
This means that he is now serving one year and four months in prison.
