By Linny Folau
Tu’ipulotu Palu received 12 months suspended sentence for two charges that included discharging a firearm with the intent to intimidate a group of noisy youths. He was drunk when he fired the 12-gauge shotgun.
Lord Chief Justice Bishop sentenced him on 8 May in the Supreme Court, Nuku’alofa. The other charge was for discharging the firearm within the boundaries of a town without the Town Officer's Permission.
The court heard that at around 8:00 pm on 18 September 2024, the defendant was asleep at home and got disturbed by the noise of youths causing a nuisance near the adjoining Chinese store. It was said and accepted that this was not the first time that he had been disturbed in this way.
The defendant then reacted by coming out of his premises holding a gun. He was drunk and he pointed the gun towards the group and shouted that he would shoot them and go to prison with the gun. Some of the group fled but the defendant chased them and fired his gun.
Police who came to the scene found that he was intoxicated, and the 12-gauge shotgun was on the chair next to the entrance of his house. The gun had been discharged because the barrel showed that one cartridge had been spent.
The defendant had initially migrated to New Zealand, however he was subsequently deported back to Tonga in 2005. His pre-sentence report stated of his remorse, which was accepted that at the time he was intoxicated having had about three to four beers. The probation report highlighted the well-being of a child. He is the sole caregiver.
The Lord Chief Justice stated that the possession of a firearm in Tonga is subject to strict control.
“I am surprised therefore that although you had been convicted in 2020 of the unlawful possession of ammunition and a firearm you are permitted apparently to obtain or retain your current license and that of course carries with it strong responsibilities.”
He also did not accept the suggestion that the offending was unprovoked because he accepted that what he did arose because of the behaviour of the youths outside the Chinese store, however, that in no way excused what he did.
“You were and I accept intoxicated at the time and I am satisfied that had you been sober you it is unlikely that you would have behaved in this way, however I also accept that the firing of the gun was indiscriminate and that could have caused serious if not lethal injury. Added to that, you have a previous conviction five years ago of being in possession of an unlicensed firearm and ammunition, on the other hand you pleaded guilty.”
The Lord Chief Justice stated that what he did must inevitably attract a custodial sentence and considered the comparable sentence helpfully submitted by the Prosecution.
He then had great consideration to the question of suspending this sentence. Following th Mo'unga principles, the defendant is not young, there were some provocation but more importantly he has strong domestic responsibilities because he is the sole carer for his son. He accepted that if he was to be sent to prison the care which he is now giving his son would not be available.
The Lord Chief Justice was also informed that should he be imprisoned, the son will taken to Australia to stay with his sister all of which may prove difficult, if not impossible.
“Your son is now at a crucial stage of his education, and I am reluctant to disrupt his life chances as a result of what you albeit did. It is all too often the case that the families of offenders suffer as much if not more than the offenders, and the courts must steal themselves to impose sentences which causes suffering to innocent third parties.
Here, the third-party is a young person in need of an adult to care for him and with some reluctance I have decided that it is just about possible in your case to suspend the sentence, which I have to impose but that is upon conditions it will be for a term of 2 years.”
The defendant was then sentenced to 12 months' imprisonment, fully suspended for two years on conditions. The 12-gauge shotgun was forfeited to Tonga Police.
