The Supreme Court upheld a conviction imposed on a man in Vava'u who scammed another of $7,000 pa'anga in return for kava.

Mou’i Laiseni was convicted at the Magistrate's Court of obtaining money from the complainant, Pita Falefo’ou by making a false statement, in a trial held last month in Neiafu.

The Court heard between October 2016 to February 2017, the accused obtained the money by telling the complainant that he would uproot and give him kava (to that value), which he did not.

The accused then appealed to the Supreme Court against his conviction and sentence.

Hon. Mr Justice Laki Niu in a ruling last month, said the accused was sentenced to probation of two-years and to pay compensation of $7,000 to the complainant, within one month.

This was in addition to $300 for lawyer and court costs. In default of payment, he was to serve three-months in prison.

The judge said based on the evidence, the accused was rightly convicted on the charge at the lower court.

However, he noted the compensation of $7,000 exceeded the maximum amount of $5,000 allowed by the amendment made to S.25 by Criminal Offences Act 19 of 2012. 

He ordered that the sum to be paid as compensation be reduced to $5,000 from $7,000 and dismissed the appeal.