Man jailed seven and a half years for manslaughter [1]
Wednesday, December 16, 2015 - 18:18
Paea Winston Helu (32) has been jailed for seven and a half years for killing a 19-year-old man whom he beat up and left severely injured in front of Hala-‘o-vave Primary School in Nuku’alofa last year.
Mr Justice Cato in his sentence on 4 December said the prisoner after assaulting the deceased Feleti Veikoso chose to leave him, which demonstrated a callous disregard for his welfare.
On May 10, 2014 at around 5pm the prisoner had been drinking with his brothers at Fasi. He went later to a bar in the Nuku'alofa CBD, parked his car and went for a drink coming after a short time to find Veikoso inside his vehicle.
Veikoso had removed the speakers and his radio in an attempt to steal them. In a rage, the prisoner punched the victim inside the vehicle and held on to him and drove him to another area. There he pulled him out of the vehicle and continuously punched him and kicked him while he was lying on the ground. He then drove off.
The judge said a few hours later the victim was discovered and taken to hospital where he later died from bilateral pneumothorax, secondary to blunt force chest trauma. He had suffered multiple rib fractures resulting in bleeding and lung complications from which he died.
“The killing of a human being is the most important sentencing consideration here and the court must impose a sentence which properly reflects the circumstances and the action of the prisoner in killing the deceased. The law denounces the death of this young man as a consequence of this kind of conduct.”
The prisoner who had previous convictions for assault and possession of arms without a license had surrendered to police.
Suspension
Hon Mr Justice Cato's starting point for sentence was 13-years which he deducted three and a half years for mitigation, leaving nine and a half years before suspending the final two-years for two years on conditions. This means, the prisoner serves only seven a-half years at Hu'atolitoli Prison.
He allowed mitigation after reading the prisoner's probation report confirming he had undergone a course involving 26 sessions of counselling and had been able to stop his drinking and use of cannabis.
The judge said to the prisoner's credit he had pleaded guilty and cooperated with police and sought assistance for his drinking. "By doing so he has accepted responsibility for his actions and has apologised to the victim’s family which has been accepted." He suspended the final two-years of his sentence on conditions.
"The factors I have referred to earlier such as his voluntary decision to give up drinking and his approach for assistance for alcohol abuse, cooperation with authority and his acknowledgement of responsibility means that I consider he has a very reasonable prospect of rehabilitation," said Mr Justice Cato.