A 16-year-old boy who assaulted and robbed a Chinese shopkeeper in February this year was discharged without conviction by a Supreme Court judge on November 26 in Nuku'alofa.

Hon Mr Justice Laki Niu in sentencing Finau Katoa said this is an appropiate case for discharge without conviction but with a condition that he does not reoffend within the next two-years. 

“With such order his record is clean and it leaves him with the goal that he keeps it clean for the rest of his life,” he said.

"Having considered all the circumstances of this case, I consider that in view of the young age of the accused and what may be a promising future for him with his education and apparent effort and progress made already with his behavior at school at home and the village, a conviction for such a serious offence as robbery will be far more detrimental than the injury and theft he committed to the complainant." Justice Niu stated.

Assault

The court heard on the morning of February 13, a day after Hurricane Gita, a Chinese couple were cleaning up their shop and the husband was outside hanging things to dry.

The accused was 15-years at the time, who was already drunk and walking up the road to the shop, punched the husband on the back of his head from behind. The man fell down stunned and the accused searched his pocket and took a wad of cash and fled with it.

The accused who was chased and caught admitted to Tonga Police that he had punched the Chinese man and taken the money, which he had thrown in a bush as he ran. Police found only $4,000 all in $100 notes in the bush area, which was returned to the victim, who maintained that there was another $4,000 missing.

The accused was then charged with robbery of $8,000 and was committed from the Magistrate's Court to the Supreme Court.

The judge said he pleaded not guilty because he said the money he took was only $4,000 and not $8,000.

“When the case came before me, the Crown agreed with the accused to reduce the amount of the charge to $4,000 and the accused would plead guilty to it.”

In considering the sentence, the judge said the probation officer believed that it was unlikely that the accused would re-offend because his offence had occurred because of the friends he had, and the alcohol he consumed, and he had now broken off from them and alcohol.

He believed that a non-custodial sentence be imposed but that he serves community service and be on probation for two-years on condition he does not re-offend and does not drink alcohol.

The Crown counsel in this case submitted that the accused was entitled to be considered for either a full or partial suspension of an imprisonment sentence in accordance with the principles in Mo'unga v Rex [1998] Tonga LR 154.

"I asked her whether discharge without conviction may be appropriate and she stated the Crown's position is that discharge without conviction should only be applied in respect of cases in the jurisdiction of the Magistrates. I do not agree that was the intention of the Legislature in enacting the section," said Justice Niu.

The accused had no previous conviction.

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See also: PM Pohiva apologises to Chinese victims of brutal crimes in Tonga [1] April 4, 2017

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