A 42-year-old man, who was sentenced to nine-months imprisonment by the Magistrate’s Court in October for stealing a generator, had his sentence quashed after his appeal to the Supreme Court was allowed.

Hon Mr Justice Laki Niu in a ruling on December 14 said, the appellant, Paula Misieli Moala, aka Keni, had pleaded guilty together with another accused to stealing a generator valued at $4,500.

The Magistrate's Court sentenced them together to 12-months imprisonment but reduced it to nine-months on account of their guilty pleas and having no previous convictions.

Neither of them had legal counsel and they started serving their sentence on the same day, October 30 this year.

On November 24, the appellant's counsel filed an appeal against the sentence imposed by the Magistrate's Court, upon the ground that in accordance with guidance laid down by the Court of Appeal in Mo’unga v R Tonga LR 157, the imprisonment sentence imposed ought to have been fully suspended because the accused had no previous conviction and he was likely to take the opportunity to rehabilitate himself, said the judge.

In addition, on December 5, the counsel filed the appellant's application for bail pending determination of his appeal, which the Lord Chief Justice granted bail and the appellant was released from prison on the same day.

No previous conviction

Justice Niu said the Crown agreed with the appellant's grounds to appeal, which he too agreed with.

"This is a property offence and because the appellant had had no previous conviction in his 42-years, is married and has four children and he plants crops for their subsistence, there is every likelihood that the appellant will take the opportunity of suspension of sentence to rehabilitate himself. The whole of the nine months imprisonment sentence ought to have been suspended."

Justice Niu quashed the original sentencing and ruled that because the appellent had already served time in prison (32 days), there was no need for further penalties.

"A sentence, which he should not have served but which, he has already served, and that in lieu of that, there be no further penalty hanging over him."

The appellant was discahrged and sentenced to 32-days imprisonment backdated to the day he was sent to jail on October 30, 2018.