By Linny Folau
Siosifa Tenefufu (56) was fined $500 pa’anga to be paid within six months for the possession of arms and ammunition without a license that included a shotgun and rifle at his home in Lakepa.
In the summary of facts, the Prosecution stated that on 9 July 2024, Police issued search warrants from the Magistrate’s Court for a search to be conducted at the family residence of the accused for the unlicenced arms and ammunition.
On 10 July 2024, Police went to Lakepa where they met the accused came at the residence.
Police cautioned Siosifa before questioning him about the firearm and he answered that it was his father's firearm but it was given to him to look after. Police started the search from a white double-cab truck with no licence plate, and discovered one plastic bag containing several bullets.
Siosifa told the police that the bullets belonged to him. Siosifa was then cautioned that he was to be arrested for possession of ammunition without a licence for nine .410 bullets and for five .12 bullets.
Police accompanied the accused into the house to retrieve the firearms. Siosifa retrieved from under his bed one black .22 calibre rifle; and one brown 12-gauge shotgun. He told police that both belonged to him.
In addition, Police discovered one red .12 bullet on the front window area of the driver's side in the truck and one .12 bullet shell casing on the dashboard of the driver's side. Police also discovered one .22 calibre bullet inside an empty peanut can and one .22 bullet on the dashboard. Siosifa told police the items belonged to him.
The combined total of the seized items were:
- 1 x black 22 calibre rifle (Mossberg 702 Plinkster);
- 1 x brown 12-gauge shotgun (12 GA Choke);
- 122 x .22 bullets;
- 9 x (thought to be) .410 bullets; and
- 43 x .12 bullets.
Police arrested Siosifa for possession of the two firearms and various ammunition without a licence. The accused cooperated with the Police and admitted to the offending. On 11 July 2024, the firearms and ammunition were handed over to the Armoury at Longolongo for examination.
The accused had a previous conviction.
Sentence
On 12 November, Lord Chief Justice Bishop fined the accused $500 at the Supreme Court in Nuku’alofa. This was after he pleaded guilty to both counts on 24 October.
The Lord Chief Justice stated that he considered his case together with the Pre-Sentence Report filed from the Probation office to assist him in determining his sentence.
“Possession of Arms without a license is a serious offence, and it is of the first importance to regulate the use of firearms in the Kingdom.
“I am satisfied that the way in which you had committed the offence was done inadvertently. I accept that it was your belief since you obtained a license at one year that you would remain valid and carry over to the following years.
“In those circumstances, I consider an appropriate sentence here is a monetary fine. You have a very big family to support, and your income is modest. I have given this anxious thought over the past few weeks given your circumstances and it seems to me that the appropriate fine is $500 to be paid within 6 months.”
He stated that the Crown made no further submissions on sentencing, and he took into account their indicative sentencing submission filed on 24 September 2024, which recommended for count 1, a $3,500 fine and count 2 $1,000 fine, concurrent to Count 1.
A presentence report was filed from the Probation Office on 8 November 2024 with details of the accused's personal history, financial capacity, his version of the offending and their recommendation on sentencing. The Probation Officer recommended a non-imprisonment sentence.
The Lord Chief Justice then ruled that for Count 1 and 2, the accused was fined a total of $500 to be paid within six months.
“If the accused faces difficulty in paying this amount within the given timeframe, he must notify the Court for reconsideration. I further order in relation to the firearms and ammunition of the accused, it is to be returned to him, once he obtains a valid license in pursuant with the Arms and Ammunition Act.”
