By Linny Folau
Mo’ui he 'Ofa ‘Ofanoa (32) is serving two years in prison after pleading guilty to charges that included causing serious bodily harm, when he used a machete on another man during a drunken violent assault in 2025.
Hon. Acting Lord Chief Justice Afeaki sentenced him on 1 July on two charges that included common assault at the Supreme Court in Nuku'alofa. The judge denounced the level of violence. "Our community needs to be safe from alcohol-crazed behaviour. If a person attacks another with a weapon, they must go to jail, unless there are extenuating circumstances," he sai.
According to the sentencing remarks, the defendant and the complainant, both 32 and living in Patangata, were drinking alcohol with others on the evening of 9 August 2025.
In the early hours of the following day, an argument escalated into violence. The defendant threw the complainant to the ground, causing his head to strike a rock, and repeatedly punched him even after he had stopped moving. Despite a witness attempting to intervene, the defendant armed himself with a machete, continued to challenge the complainant and struck him on the right leg after the complainant had apologised and discarded a stick he had been holding.
The defendant later returned with a fishing spear, threatened to burn down the complainant's family home and entered the house while armed before eventually leaving.
The complainant was taken to hospital and treated for multiple injuries, including deep lacerations to his forehead and head, injuries to his nose, mouth, knees and neck, and a machete wound to his right leg.
The defendant, who had previous convictions, did not cooperate with police.
The Crown submitted that the offending was serious and violent, involved the use of a machete, continued after the complainant had stopped resisting and apologised, and that the defendant neither apologised to the complainant nor cooperated with police. His mitigating factors were his early guilty plea and his clear record since 2009.
In sentencing, Acting Lord Chief Justice Afeaki said what began as an argument between two intoxicated men quickly escalated into sustained violence.
He said the defendant continued punching the complainant after he had stopped moving, then armed himself with a machete and struck him on the leg despite the complainant having apologised and discarded the stick he was holding. The defendant later returned with a fishing spear, threatened to burn down the complainant's family home and entered the house while still armed.
The Judge said the defendant's conduct demonstrated persistence, aggression and a willingness to continue the violence despite several opportunities to stop.
"The injuries suffered by the complainant were significant," he said, noting the complainant sustained multiple head and facial lacerations, injuries to his neck, knees and mouth, and a deep machete wound to his right leg.
Although the injuries healed, the Judge said the offending created a real risk of far more serious harm.
"The law does not wait until a victim suffers permanent disability or death before treating such conduct as grave."
He said the use of weapons was of particular concern, describing a machete as capable of causing catastrophic injury or death. The later decision to arm himself with a fishing spear further increased the risk of serious violence.
Growing threat to public safety
"The court has become increasingly concerned by the number of violent offences in Tonga involving machetes and other weapons," he said.
The Acting Lord Chief Justice said such offences were no longer isolated incidents but a growing threat to public safety, adding that those who chose to arm themselves during disputes should expect prison sentences.
He said alcohol was clearly a factor in the offending but voluntary intoxication did not excuse criminal behaviour or reduce an offender's culpability. Although the defendant had remained free from offending since 2009, his previous convictions for violent offending showed this was not an isolated lapse in judgment.
"The court must impose a sentence that denounces this level of violence, deter the defendant from offending again, deter others who may think that carrying or using weapons during disputes is acceptable, and protect the public from violent offending," he said.
"Our community needs to be safe from alcohol-crazed behaviour. If a person attacks another with a weapon, they must go to jail, unless there are extenuating circumstances."
The Judge said the defendant's early guilty plea spared the complainant from giving evidence and reflected an acceptance of responsibility.
He said offending of this nature would ordinarily warrant an immediate custodial sentence because of the repeated violence and use of dangerous weapons. However, he also acknowledged the defendant's early guilty plea, expressed remorse, lengthy period without reoffending, and the Probation Officer's assessment that he had realistic prospects of rehabilitation. The Probation Officer recommended that rehabilitation take place alongside a custodial sentence.
Balancing those factors, the Acting Lord Chief Justice found that a partially suspended sentence was appropriate.
The defendant was sentenced to two years and six months' imprisonment, with the final six months suspended for two years on conditions.
The court warned that failure to comply with any of the conditions could result in the suspended portion being activated, requiring the defendant to serve the full balance of the sentence.
