Emilio To’a has been sentenced to five-years and six-months imprisonment for manslaughter in the death of Siaosi Tupa, who he stabbed multiple times with a knife during a drunken brawl at Fangaloto, last year.

Lord Chief Justice O.G. Paulsen sentenced the 22-year-old prisoner on June 14, at the Supreme Court in Nuku'alofa. 

However, the final two-years of the sentence was suspended on conditions.

This after, the Chief Justice accepted it was appropriate to suspend some portion of the sentence, as the prisoner's rehabilitation prospects are very good.

"He is a first-time offender, has acknowledged his offending, is remorseful and has a supportive family. He is enrolled in theological college and it is to be hoped and expected that on his release from prison, he will make a useful contribution to society."

The Court heard, on the early morning of March 4, 2018 the prisoner was drinking alcohol with Tupa (24) and his de facto partner, 'Ana. While drinking, an argument arose between Tupa and 'Ana.

The prisoner was in the kitchen and heard Tupa threaten to beat 'Ana. Tupa pushed her face with his hand and she fell backwards.

The prisoner, who had seen Tupa beat 'Ana before, intervened to protect her. 'Ana escaped out a back door, climbed over the fence and went to her cousin's house. She was clearly afraid of Tupa, said the Chief Justice.

“I accept that Tupa made the first attack on the prisoner. They fought and were initially trading blows. The prisoner had then used one of the knives and stabbed Tupa on the neck and other parts of his body.”

Medical evidence was given that Tupa had five significant stab wounds but that three of his wounds were of particular significance. 

"He had deep wounds to his left shoulder, his sternum and to the left side of his back. Of these, the last two penetrated the lungs causing excessive blood loss and death. Either wound would have resulted in Tupa's death."

The sentence was backdated to December, 2018 when the prisoner was remanded in custody.

On May 6 earlier this year, the prisoner appeared for trial and initially pleaded not guilty to murder and alternative lesser counts of manslaughter and grievous bodily harm.

A few days later, he changed his plea to guilty for manslaughter, which was accepted by the Crown. The murder charge was then withdrawn resulting in this sentence.