Sione Iketau (18) was sentenced to three-years imprisonment for sodamizing a child under the age of 12 at Lapaha, Tongatapu in June last year. The accused, a first time offender was unemployed and relied on his parents who are missionaries for support.

On 7 July, Hon Mr Justice Cato in sentencing the offender at the Supreme Court in Nuku’alofa said the maximum sentence for sodomy is 10-years imprisonment and indecent assault on a child under the age of 12, seven-years.

This is the first case of sodomy known to the prosecution in a case of this kind, he said.

The accused was 17 when the offences were committed. He had been staying with a relative who is a neighbour of the complainant. He was about to return to his family in Ha’apai when the offending took place.

Sentence

The judge said the accused came from a large family and did not proceed very far at secondary school.

"The probation report indicated that he is remorseful. I have already observed that the complainant's family has not accepted apologies. Acceptance of an apology either with our without financial reparation is an important sentencing factor in Tonga," he said.

The judge considered an appropriate starting point for sodomy is four-years imprisonment based on a five-year starting point which the Court of Appeal has said is appropriate for rape (which carries a maximum sentence of 15 years).

"In my view, the starting point of four-years should increase to four and a half years for the associated violence. It would have been higher had the accused been older."

The accused was given mitigation for his guilty plea, being a first time offender, his youth and statement of remorse.

For the sodomy he was sentenced to three-years with the final 12-months to be suspended on strict conditions that includes being placed under probation for a year.

On a second count of indecent assault, he was convicted and sentenced to 12-months imprisonment to be served concurrently with the sodomy charge.