Pouono ‘Aisake (29) was sentenced to six-years imprisonment after pleading guilty to causing grievous bodily harm, when he hit a Senior Police Constable with a machete on the head, in August 2018.

Lord Chief Justice O.G. Paulsen sentenced him on May 3 at the Supreme Court.

The accused was a farmer living at Kolonga and the victim, Senior Police Constable Tafokitau 'Ahokava (37). 

The Court heard, the accused had separated from his wife and at the time of the offending, she had formed a relationship with another man. 

On August 23, 2018 at around 7:00pm, 'Aisake's wife was at her parents home at Hofoa, when her partner visited.

The accused also arrived and was asked to leave but refused. He went into the house and was again asked to leave, this time by his mother in law. He did leave only to return with a machete. 

The Chief Justice said, the Police were contacted and the victim and another officer arrived while the accused was still in the house.

They entered the house. 'Aisake hid inside a back room, while holding the machete. When the victim opened the door to the back room 'Aisake struck him on the head with the machete causing a grievous injury, he said.

Following the attack, the victim was admitted to the surgical ward at Vaiola Hospital in August before being discharged in September. 

He sustained serious laceration to his head and a 13cm depressed skull fracture and underwent emergency craniotomy and elevation of the depressed skull fragment.

“After surgery he had mild neurological deficit of the left upper limb (an abnormal function of a body area), which was consistent with the injury of the right skull and hematoma. After his discharge he was monitored as an outpatient and it appeared that he had no residual neurological deficit. 

"He has been able to return to work but on light duties. Whereas before he was working in the Complaints Department, he now is working at the entrance gate to Longolongo Police Station."

Repeated offender

In addition, the Chief Justice said of two additional matters, which weighed with him on this case.

First, ‘Aisake had a previous conviction for armed robbery involving the use of a firearm. 

"The seriousness of that offending is demonstrated by the fact that he was sentenced to 14-years imprisonment (albeit with a period of suspension). He clearly did not learn from that sentence and to my mind when angry he 
poses a serious danger to society from which it is entitled to protection."

“Secondly, the attack in this case was on a Police Officer who was performing his duty. The victim had been called to the property because 'Aisake was a threat. 

“Police Officers risk their lives every day protecting the public in such circumstances. When they are attacked they are entitled to expect that the Courts will impose appropriate deterrent sentences upon offenders.”

“ 'Aisake said he did not know that the victim was a Police Officer. He struck out without knowing or caring who his victim was and must accept the consequences of that. In my assessment, the appropriate starring point for sentencing is seven-years imprisonment.”

He was given credit for his early guilty plea and cooperation with the Police, a discount of 18-months and for such remorse shown.

The Chief Justicein sentencing him to six-years, did not see any basis to suspend any part of the sentence.

"He has re-offended within a relatively short period of being released from prison for a most serious offence. He had the benefit of the suspension of a large portion of his previous prison sentence, which did not deter him from offending again."

In Tonga, the maximum penalty for causing grievous bodily harm is 10-years imprisonment.