By Linny Folau
Samuela Hafoka (43) is serving 12 months imprisonment for the theft of a vehicle valued at around $13,000, that was parked on Taufa’ahau Road.
Justice Tupou sentenced him on 17 April in the Supreme Court, Nuku’alofa. He pleaded guilty in January to the offending, which was committed on 28 September 2023, when the complainant, Sione Paea parked his vehicle, a red Mazda car in front of the Loumaile Lodge on Taufa’ahau Road.
The judge stated that the complainant locked the vehicle and went inside the Lodge. After work, Mr Paea had drinks at the Reload Bar and took a taxi home. At around 2:00am the next morning, the defendant found car keys in front of the Maseia Plaza.
Upon sighting vehicles parked along Taufaáhau Road on both sides of the road in the area, he pressed the car keys unlocking a red car he claimed to have been parked in front of the ANZ Bank. He then drove off in the car.
Around 8:00am the same morning, Mr Paea discovered his car was missing and reported it to the police.
On 1 October 2023, the Police responded to a report from Kolofoóu about the defendant, who was heavily intoxicated and was insisting on driving a red car he had driven to that home. He was arrested for drunkenness and taken to the Central Police Station together with the red car, which the complainant later identified as his missing vehicle.
The Crown submitted the aggravating features of the offending included the seriousness of the offending; the complainant incurring financial costs in fixing the vehicle after it was recovered. Whereas, the defendant is a recidivist with two convictions in 2022. His mitigating features were his guilty plea albeit late, his cooperation with the Police and the recovery of vehicle. He was also reported to have deeply regretted his mistakes and strongly believed he will be able to contribute positively to the community and requested the court to consider the Probation Officer’s report.
His pre-sentence report stated that he is a single father to three young children with whom he resides in Kolofoóu with his widowed mother. Both he and the active support of his mother provide for his children.
According to the defendant he stole the vehicle to go for a ride as he had no vehicle at the time. He took it to a drinking party and when he and the vehicle were apprehended he readily admitted the offending. He was reported to have regretted his actions and had apologised to Mr Paea. He is also said to have realized his irresponsible conduct, which had caused suffering for his children. He had quit alcohol and drugs as well as associating with his peers. This was confirmed by his mother, stated the judge.
The positive change indicated a low risk of re-offending if the defendant continued on this path. An appropriate sentence was left to the court.
The judge sentenced him to 22 months’ imprisonment, with the final 10 months was suspended for a period of two years on conditions. This included not committing any offence punishable by imprisonment, will be placed on probation, must report to the probation office within 48 hours of his release from prison; and complete a life skills or such other course as his probation officer may direct.
Failure to comply with any of those conditions may result in the suspension being rescinded and he will be required to serve the balance of his sentence, ordered the judge.The defendant is now serving one year in prison.
