Sione Tupou Tonga (24) received a suspended sentence at the Nuku’alofa Supreme Court for serious housebreaking and theft of goods worth $4,200 pa’anga in 2019.

Hon. Mr Justice Niu sentenced the accused on October 12, after he pleaded guilty to the two offences.

The offences happened in the early hours of March 16, 2019 at a house of Xue Qi Zhang in Fangaloto. The accused also lived in this area.

The court was told that at about 3:00am the complainant and a friend were finishing their drinks at the complainant's house and they went to sleep.

The accused had also been drinking but had run out. He then went to the complainant's house and broke into it and stole a mobile phone, a laptop and four sleeves of cigarettes, altogether valued at $4,200.

When the complainant and friend woke up the next morning, they found those items missing. The friend went out and inquired at the neighbours as to whether anyone had seen anyone who might have stolen them. They just so happened to see the accused walking along the road carrying the missing mobile phone of the complainant, and she contacted the police.

When the police arrested him, he gave them the stolen goods.

The accused who is single has a permanent job at a scrap metal workshop.

The Crown submitted the accused had a previous conviction for housebreaking in 2011 and was given a probation of 12-months. 

The judge said there was no detail given about his previous conviction, except the case at the Magistrate's Court for housebreaking and his sentence was 12-months probation of good behavior. 

He obviously complied with that sentence because he had no offence after that until March of last year when he committed the present offences. He has kept out of trouble for some eight-years, while noting that he would have committed the offence in 2011 when he was 14-years-old, he said.

"I find his remorse and contrition for this offending to be genuine. You readily admitted to the police what you had done and you returned all the properties, which you took from the house and most importantly, you have pleaded guilty to these charges. You thereby show honesty. You have also apologised to the complainant for what you did and he has accepted it."

The judge then sentenced him to one-year imprisonment, which he suspended for two-years on conditions.

The accused must serve 100-hours of community work, complete a drug and alcohol awareness course at the Salvation Army and must not commit any offence punishable by imprisonment.

He was warned that the suspension of his imprisonment sentence does not mean that he did not have to serve it. 

"It means that you do not serve it if you do not commit another offence that is punishable with imprisonment within the two-years your sentence is suspended. If you re-offend within the two-years, you will serve the one-year imprisonment."