Kaati Luka (22) who beat up his 40-year-old partner leaving her with injuries that resulted in her admission to the surgical ward at Vaiola Hospital, was sentenced to one-year eight-months imprisonment.

Lord Chief Justice Whitten QC sentenced him on April 8. He pleaded guilty to one count of causing serious bodily harm in February this year, at the Nuku'alofa Surpeme Court.

He said the defendant and the victim were in a de-facto relationship, and in the early hours of October 26, 2020 the victim woke up to find that he was not in bed.

She went to the neighbour's place, opened the door and found him there having sex with another female. The victim was angry and yelled at the defendant. She ran out of the room and he chased after her, grabbed her and hit and punched her repeatedly. 

The Chief Justice said another person tried unsuccessfully to stop the defendant from continuing to hit the victim who only stopped when his mother tackled him to the ground.

The victim was taken to Vaiola Hospital where she was examined and found to have suffered moderate to massive general facial swelling with multiple bruises on the right side and on her left side from her forehead to her lower chin; periorbital hematoma, sub-conjunctiva ecchymosis but intact vision; 
blood stained mouth with swelling to her upper and lower lips, general bruising of mucosa and gingiva, and was unable to fully open her mouth, among others.

The victim who was admitted to the surgical ward was discharged on November 6, 2020 and filed a complaint with the Police.

The Chief Justice said of the seriousness of this offence and the fact that the defendant chased her as she tried to escape, before then repeatedly assaulting her, and 
that he would likely not have stopped assaulting the victim voluntarily.

He also did do not accept the submission made for the defendant that the victim shouting ‘rude comments’ at him about his mother and sisters provoked him.

The defendant was then sentenced to 20-months imprisonment. He is a first time offender who has a previous good record.

The pre-sentence report said there is some basis to expect that a partly suspended sentence will have a strong deterrent effect on the defendant. Further, the opportunity by the sentence to rehabilitate himself, in particular by participating in a rehabilitation course aimed at his acknowledged anger management problem, should prove beneficial not only to the defendant, but to his family and the community as a whole, said the Chief Justice.

He then suspended the final eight-months for two-year, on conditions that during the suspension period, he must not to commit any offence punishable by imprisonment, live where directed by his probation officer and 
complete anger management and alcohol awareness courses as directed by his probation officer, among other requirements.

In addition, he was told that if he fails to comply with the conditions, the suspension of sentence may be rescinded, in which case he will likely be required to serve the balance of his sentence.