Tevita Hafoka (27) was sentenced to five-years and nine-months imprisonment after pleading guilty to manslaughter, when he stabbed a 23-year-old man with a small knife during a confrontation in Nuku’alofa on July 11, 2015.

The deceased was Sioeli Finau who was stabbed on the left side of his abdomen and was declared dead upon arrival at Vaiola Hospital.

Hon. Mr Justice Cato said in sentencing on 27 June, the accused had been at a bar in Nuku'alofa with his wife and wife's sister.

The bar closed at 11.30pm and the accused, and his wife and sister-in-law left the bar and went to the Nuku’alofa town square, while the deceased (Finau) with friends visited a coffee bar nearby. A short while later, the deceased, who was intoxicated, walked over to the accused's wife and asked her for sex.

He said this angered her and she swore at him. He slapped her on the face. The accused saw the deceased slap his wife and he returned to the area, attacked the deceased and they started to fight.

The deceased then ran away and called out to the accused from nearby to fight with him. The accused ran to him and took out a small knife from the pocket of his pants and stabbed the deceased on the left side of his abdomen. He fell to the ground and the accused, having thrown the knife away, went back to his wife.

The police rushed him to hospital but he was declared dead on arrival. The medical report stated that he had died of cardiorespiratory arrest secondary to hemtherae from the stab wound.

The court had heard the accused was cooperative with police and admitted to the offending.

Remorse

Hon Mr Justice Cato said the accused had a criminal record of convictions that included housebreaking and theft, escaping from lawful custody, trespass and drunkenness among others.

For sentencing purposes here the starting point should be around eight-years to reflect the fact that the prisoner had used a knife and caused death in circumstances where the assault on his wife had involved a slap only and the retaliation was not one that involved, in his view, an obvious sudden loss of self-control, he said.

The court heard from this,18-months was deducted for his guilty plea and a further six-months for his expression of remorse and apology and some reparation he made to the family in the form of mats.

"I understand the apology was accepted. The accused expressed contrition in the remarks he made on sentence and asked for mercy pointing out that he was the breadwinner for his family that included a baby," he said.

The judge also took into account his family circumstances, said that although he has a poor record, he may be maturing with his reasonably recently acquired marital status and child, and appreciates their need for support.

"With his family support in mind, I consider he should be given a further chance to rehabilitate himself and by cooperating with the police and pleading guilty. He had stated that he had given up alcohol and deeply regretted what he had done."

The judge then sentenced him to five-years and nine-months and after considering the above factors, suspended the final two-years upon strict conditions.

"Failure to abide by any of these conditions may see him returned to prison to serve the period of his suspension in custody," he said.