Hemaloto Makafilia (23) has been sentenced to six-years imprisonment for attempted rape to be served concurrently with other serious offences when he committed a vicious attack on an overseas volunteer teacher, at a primary school in Nuku’alofa last year.

He had pleaded guilty to attempted rape, serious housebreaking, common assault and theft.

In May last year, the prisoner had entered the classroom where the complainant worked and committed the offences. This included hitting her with a long steel pole on the left side of her head causing her to fall to the concrete floor.  He kept her on the floor, hitting her head on the concrete a number of times causing her to become unconscious.

While he attempted to commit the offence another female came in [confirmed to be the prisoner's girlfriend] and saw what happened and told the complainant to go. Police were called to the area.

When the man was later arrested, he did not cooperate with police and was in possession of the complainant’s phone. The prisoner had convictions starting in 2009 for thefts, housebreaking, unlawful possession of drugs and escaping from lawful custody. His last conviction was for unlawful possession of drugs was last year.

Trauma

The Supreme Court received a victim impact report after the complainant returned to her home country for medical treatment.

A statement from her this year said that she lost half of her hearing in her left ear and the attack has affected her balance. She fatigues easily, has short-term memory loss and suffers from flashbacks and nightmares.

Hon Mr Justice Cato in sentencing the prisoner on 10 March at the Supreme Court said plainly, this attack has caused the complainant both physical and understandably psychological trauma.

"It is hoped that in time she will be able to put this appalling incident behind her, and progress to live a normal life.”

Aggravating feature

The judge said this case of attempted rape was in his view at the upper level, the main aggravating feature is the use of the metal pole to hit the complainant.

He said the starting point for attempted rape in Tonga by the Court of Appeal to be four-years in Langi v Rex [2014] Tonga LR 100. The starting point here must be considerably increased to reflect the vicious nature of the attack.

He reflected on the level of increase since hearing submissions and considered an aggravated starting point of seven years and nine months wa justified to address the use of the pole as a weapon to the head and the actions of the prisoner in rendering the complainant unconscious.

However, the judge acknowledged that his guilty plea saved the complainant from the ordeal of having to give evidence, and allowed him one year and nine months by way of mitigation.

“The sentence I impose upon him for attempted rape is six-years imprisonment.”

On the offending for serious housebreaking of entering into the classroom in order to commit a sexual offence, he was sentenced to four years imprisonment; common assault, 10 months' imprisonment, and theft of a mobile phone three months imprisonment to be served concurrently with the attempted rape. 

The sentence was backdated to the time when the prisoner was remanded in custody for this offending.