By Linny Folau
A 33-year-old woman has been sentenced to six months' imprisonment, fully suspended, for obtaining $13,000 by false pretences after selling a vehicle without disclosing it was still under a car dealership's ownership because of an outstanding debt.
Hon. Acting Lord Chief Justice Tu'inukutavake Barron Afeaki sentenced the woman, Moon Light Manu, on 24 June in the Supreme Court at Nuku'alofa. She pleaded guilty in April to one count of obtaining money by false pretences.
In his sentencing remarks, the judge said the complainant, Seini Vaifo'ou, 24, bought a Mazda Demio from Manu after seeing it advertised on Facebook for $14,000 on 9 August 2025.
Manu told the complainant there were no issues with the vehicle and said she was selling it to buy a larger family vehicle. After inspecting and test-driving the car, the complainant paid $13,000, with the remaining $1,000 to be paid later. When asked about transferring ownership, Manu said her husband would arrange the paperwork and that the complainant would be contacted when it was ready.
On 14 August 2025, the complainant went to Manu's home to ask about the transfer and was told by Manu's husband that ownership could not be transferred because the vehicle was still subject to an outstanding balance owed to Toloke Enterprise. That information had not been disclosed before the sale.
The complainant later confirmed with Toloke Enterprise that the vehicle had not been fully paid for. An agreement was later reached for Manu to settle the remaining debt, but when she failed to do so, the complainant lodged a complaint with Police on 2 December 2025.
After her arrest, Manu admitted the Facebook account used to advertise the vehicle belonged to her and that she had not told the complainant the vehicle remained under Toloke's ownership and subject to an outstanding debt.
She also admitted using the $13,000 she received from the complainant as a deposit for another vehicle, a Toyota, which was later seized by Police.
The Crown said aggravating factors included the seriousness of the offending, reflected in the maximum penalty of seven years' imprisonment, and the breach of trust after the complainant entrusted the defendant with money for the purchase of the vehicle.
Mitigating factors included Manu's early guilty plea, cooperation with Police and expression of remorse, which was accepted by the complainant. She had also paid the outstanding balance owed to Toloke Enterprise and the costs of transferring ownership of the vehicle to the complainant.
The Crown submitted that Manu was entitled to a fully suspended sentence, citing her early guilty plea, cooperation with Police, lack of previous convictions, genuine remorse, resolution of the outstanding balance and transfer of ownership to the complainant, in line with the guidelines in Mo'unga.
Another chance
Acting Lord Chief Justice Afeaki said the defendant's cooperation, early guilty plea, absence of prior offending, prospects of rehabilitation, restitution and the complainant's acceptance of her apology all supported suspension.
He said the guilty plea had saved valuable court time and resources, full restitution had been made and ownership of the vehicle had been transferred to the complainant. As a result, the complainant suffered no loss. He also accepted that the defendant had shown genuine remorse and apologised to the complainant.
The pre-sentence report showed Manu is married, lives in Tofoa and is the mother of three young children.
"The offence of obtaining money by false pretences is a serious offence of dishonesty. The defendant knowingly sold a vehicle to the complainant without disclosing that the vehicle remained subject to an outstanding debt and that ownership could not immediately be transferred. The omission of that material information induced the complainant to part with a substantial sum of money," the judge said.
He said offending of that nature undermines public confidence in ordinary commercial transactions, particularly in private sales conducted through social media platforms.
"Members of the public are entitled to expect honesty and candour when purchasing property, especially where significant sums of money are involved."
The judge said, however, that the offending fell at the lower end of the spectrum of obtaining by false pretences. It was not a sophisticated or prolonged fraud, involved only one victim and was not part of an ongoing scheme to defraud multiple people.
Nevertheless, he said the offending involved a deliberate act of deception. Manu knew the vehicle was still subject to an outstanding debt, yet went ahead with the sale and used the money as a deposit for another vehicle. The offending therefore involved a degree of planning and a clear intention to obtain a financial advantage.
Acting Lord Chief Justice Afeaki also took into account that Manu had since taken considerable steps to remedy the consequences of her offending. The outstanding debt to Toloke Enterprise had been paid, ownership of the vehicle was ultimately transferred to the complainant and the complainant ultimately suffered no financial loss.
He said the purposes of sentencing in the case were denunciation, accountability and general deterrence, while also recognising the restitution made and Manu's strong prospects of rehabilitation. He also took into account that she is the primary caregiver of three young children and that immediate imprisonment would have significant consequences for her family.
While that factor was not determinative, he said it was relevant to the overall assessment of whether the purposes of sentencing could properly be achieved without immediate imprisonment.
After considering all the circumstances of the case and the principles in Mo'unga, the judge said he was satisfied that suspension of the sentence was warranted. He said the objectives of accountability, denunciation and general deterrence could be adequately met by a suspended sentence coupled with conditions of probation and community service.
Manu was sentenced to six months' imprisonment, fully suspended for two years, on conditions including that she not commit any offence punishable by imprisonment and that she complete 80 hours of community service within 12 months.
Failure to comply with any of the conditions could result in the suspension being rescinded and Manu being required to serve the six-month prison term.
