By Linny Folau
Sione Talafekau Maloni (20) was sentenced to 12 months imprisonment fully suspended for causing serious bodily harm, when he poured gasoline over his sleeping friend’s clothes and set him alight, in what was said to have been “a joke”. Fortunately the friend only suffered superficial burns to his abdomen.
Justice Cooper sentenced him on 4 October at the Supreme Court in Nuku’alofa, after the accused pleaded guilty to the single charge.
The court heard that on 2 March 2024, “for a joke”, the defendant poured gasoline over the shirt and pants of his sleeping friend, Taniela Kauvaka and set them alight.
The judge stated that “naturally this woke up his friend, and he rapidly extinguished the fire and found that he had been burnt.
“I know not of the ensuing state of their friendship. Mr. Taniela Kauvaka was seen at the hospital later that same day. Mercifully the burns, which were to his abdomen, were what has been described, in the case summary, as superficial.”
Idiocy
“Though not clear to me on the papers how they became involved, the police were notified, the would-be practical joker, Mr. Maloni was arrested and interviewed. He explained he was very sorry for what he had done it was more idiocy on his part than bravado and he fully admitted his guilt.
“No doubt because the injuries were not grave and because he intended it to have been a joke (I imagine of the sort only young men truly can find amusing) he was charged with causing serious bodily harm. When his case was listed before the Supreme Court he pleaded guilty to the single count.”
The offence of serious bodily harm carries a maximum sentence of five years' imprisonment.
The Crown in its sentencing submissions suggested a tariff of 12-18 months' imprisonment, with a discount of six months for a timely guilty plea. The suggested final sentence was 12 months' imprisonment fully suspended and a Community Service Order.
The judge considered that Mr. Maloni had never been in trouble before. He admitted his guilt to the police and pleaded guilty.
“Plainly he is ashamed and remorseful and at court he was supported by both his parents. He is also young and works hard helping his father at their tax allotment.
“Moreover, there were no serious injuries caused and none were intended. Bearing all these factors in mind, I set a starting point of 18 months' imprisonment to reflect the seriousness of what happened. The potential for real and lasting injury cannot be ignored.
“That was reduced to 12 months to reflect the factors listed above. Given his youth and remorse and good character his sentence will be fully suspended for 12 months on conditions: that includes not committing any offence punishable by imprisonment. He must also perform 40 hours community punishment,” ordered the judge.
The defendant was then sentenced to 12 months imprisonment fully suspended for one year on the conditions mentioned.
