By Linny Folau
Talikavili Loloa has been sentenced to three years and six months’ imprisonment for a series of offences in 2024, including violent nighttime attacks on two women in their homes, alongside charges of housebreaking and theft.
Lord Chief Justice Malcolm Bishop imposed the sentence on 2 April in the Supreme Court in Nuku’alofa, after the defendant pleaded guilty to six charges, including three counts of serious housebreaking, one of theft, and offences of causing serious bodily harm and common assault. One charge was discharged by the Crown.
The court heard that within the span of a month, the defendant unlawfully entered multiple homes at night, targeting occupants while they slept. Two of the incidents involved direct physical attacks on female victims in their bedrooms during the early hours of the morning.
In the first of the violent incidents, on 23 November at about 1:00am, an 18-year-old student awoke to find the defendant in her room covering her mouth with both hands. She attempted to scream twice and, after managing to free herself, the defendant fled. Her uncle, alerted by her cries, pursued and struck the defendant before he escaped.
In a separate incident later that same night at about 4:00am, a 50-year-old woman from Lapaha awoke to find the defendant on top of her in her bed. He held a t-shirt over her face, covered her mouth, and proceeded to kiss her. As she resisted, both fell from the bed, and the defendant repeatedly punched her on the head while she screamed for help.
Her son responded to her cries and found the defendant standing over her. He intervened and struggled with the defendant, during which the defendant’s hoodie came off, allowing him to be identified. A neighbour who arrived shortly after also recognized the defendant, restrained him, and held him until police arrived and detained him.
The court emphasized that both women were attacked while asleep in their own homes—circumstances described as extreme vulnerability. The assaults involved restraint, attempts to silence the victims, and in the case of the third complainant, repeated blows to the head.
Theft
Earlier in the month, on 12 November, the defendant had committed a separate offence of theft from Afeitaulalo Toupili, a 54-year-old man from Tatakamotonga. The defendant entered his property and removed items from the back porch, including an SR450 backpack sprayer, grinder, and power tool batteries with a charging device valued at $5,000. He later attempted to sell the sprayer, leading to police being notified and his identification.
In sentencing, the prosecution highlighted aggravating factors including multiple victims, the nighttime nature of the offending, and the physical assaults carried out inside victims’ homes. The court accepted these submissions.
Housebreaking in Tonga common and serious
Lord Chief Justice Bishop stressed that housebreaking in Tonga is both common and serious, particularly when it occurs at night and escalates into violence.
“The courts have an obligation to protect persons from being victims of crime in their own homes,” he said, adding that deterrence and protection of society were central considerations.
The court heard that the psychological impact on the victims has been significant and ongoing. The 18-year-old complainant remains unable to sleep in her bedroom and feels unsafe in her home, particularly without a male presence. The third complainant continues to suffer anxiety, disrupted sleep, and heightened vigilance, and believed the situation could have been more serious had her son not intervened. Neither woman received a formal apology from the defendant.
The first complainant has also taken additional security measures and remains fearful, although he has forgiven the defendant.
Defence counsel, Mr ‘Etika, argued that the offending did not warrant imprisonment and sought a non-custodial or fully suspended sentence. The court rejected this submission.
“I do not accept Mr ‘Etika’s submission,” the Lord Chief Justice said. “A non-custodial sentence would fail to properly reflect the gravity of the conduct.”
The court noted that the offending showed a clear escalation from property crime to violent and sexually intrusive behaviour. Particular concern was expressed about the defendant’s actions in restraining and silencing the victims and repeatedly assaulting one of them.
“This offending represents a serious and disturbing course of conduct… It involved multiple victims and violence,” the judge said. “Such conduct strikes at the very heart of community safety and security.”
Previous convictions
The defendant, who has previous convictions, is married with children and worked as a labourer. A Probation Officer assessed him as remorseful but at moderate to high risk of reoffending due to alcohol abuse, financial hardship, and limited education.
Despite a recommendation for a partially suspended sentence, the court imposed a custodial term, finding the seriousness of the offending required imprisonment.
Loloa was ordered to serve an effective sentence of three years and six months, backdated to time already spent in remand. The court noted that failure to comply with any conditions attached to the sentence could result in the suspension being rescinded, requiring him to serve the remaining balance.
