Man jailed for indecently assaulting teenager [1]
Wednesday, June 10, 2020 - 18:52
This also reflected the Court's strident denunciation of this type of offending and the need for specific and general deterrence, he said.
The Chief Justice said very recently, sexual offending involving young victims were described as being alarmingly prevalent in Tonga.
"With the possible exception of the relatively recent rise in serious drug related offences, sexual offences, especially against the young are one of the most damaging ills to the moral and legal integrity of any society."
He said to achieve the sentencing aims of denunciation, protection and deterrence of sexual offending such as the present, involving an adult offender and a young or adolescent victim, the Court will almost always be compelled to impose significant prison terms within the maximum penalties prescribed by Parliament.
The defendant was sentenced to three-years imprisonment on count one and two-years on count two. This is being served concurrently making it three-years in total.
However, the final 12-months of the sentence was suspended on conditions; that during the period of suspension, he must not commit any offence punishable by imprisonment and be placed on probation.
This was after considering the defendant's lack of recent criminal convictions.
“Whether, he might take any opportunity or rehabilitation is unknown. Frankly, I consider it unlikely, at least until he overcomes his drug and alcohol problems,” said the Chief Justice.
The defendant was ordered to complete courses on alcohol and drug awareness and domestic violence as directed by his probation officer.
The Chief Justice directed that the identity of the complainant and her evidence taken in the proceedings must not be published.