A 56-year-old man was sentenced to 16-months imprisonment for indecently assaulting a child under the age of 12 last year in the Nuku'alofa area.

Polikapi Motuliki had pleaded guilty to the one count of indecent assaulting a child, which carries a maximum penalty of seven-years imprisonment in Tonga.

Lord Chief Justice O.G. Paulsen in his sentencing on June 13 at the Supreme Court, said the prisoner's conduct was deplorable and must be condemned.

“Of primary importance is the abhorrence that the community has for sexual offending against children, which may have long-term and tragic effects on victims. The Courts must respond to deter future offending: not only by a particular offender but more generally by others who might be so inclined.”

The Prosecution submitted that given the nature of the offending a custodial sentence is appropriate, albeit that the prisoner is entitled to have some part of the sentence suspended. 

"I am not prepared to suspend the sentence fully. I 
accept that it is appropriate to suspend some part of the sentence, reflecting the facts that the prisoner is a first-time offender, was co-operative and is at low risk of reoffending."

Meanwhile, the Court heard the prisoner has hasischemic heart disease (narrowed arteries) is not well and attends the outpatient cardiac clinic on a regular basis. 

"While ill health is not a licence to commit crime without consequence, it is a factor to be considered where it appears that imprisonment will be a greater burden on the offender by reason of his ill health or where there is a risk that imprisonment may have a gravely adverse effect on an offender's health. This is such a case."

The Chief Justice then suspended the last eight months of his sentence for two-years on conditions that he is to be placed under probation and is not to live in a residence with any child under the age of 12 years, among other orders.

He also directed the Commissioner of Prisons to give this prisoner's access to a health practitioner upon request.