Toutai Mafile’o was sentenced to two-years imprisonment, which was fully suspended on conditions for dangerous driving causing grievous bodily harm to his passenger in 2020 at Mu'a.

Lord Chief Justice Whitten QC sentenced him on April 30, after he pleaded guilty at the Nuku'alofa Supreme Court.

On 10 October 2020, the defendant and victim Netane Tuiono were drinking alcohol at Pelehake. At around 11am, they drove to a Chinese shop at Lapaha to buy more alcohol. 

He said on their way back, the defendant was driving, while the victim controlled the gear stick because the defendant did not know how to drive a manual vehicle. The vehicle was swerving.

The victim then asked the defendant to stop the vehicle. However, the defendant continued to drive at speed and continued to swerve left and right across the road.

As a result, the vehicle swerved onto the left side of the road towards the Mu’a Police Station, and crashed almost into the Chinese shop opposite the police station. When the defendant tried to get back on the road, he crashed the vehicle into an electric pole, causing the vehicle to spin out and land on top of a concrete foundation a few metres away from the Chinese shop. 


Both men sustained injuries from the crash and were taken to Vaiola Hospital. The victim suffered a fracture of the mid-shaft femur and suspected hematoma on the left thigh, he said.

The defendant was discharged later that day and taken to Mu’a Police station for breath testing. The first test recorded 390 micrograms of alcohol per litre of breath, and the second recorded 280 micrograms. He admitted to the offending.

Surgical ward

On the other hand, the victim was only discharged from the surgical ward on 5 February this year, after completing 16-weeks of traction on his left lower limb and eight weeks in skeletal traction.

He was initially mobilising on two crutches after his discharge but could not apply much weight to his left leg. He has more recently been moving with the aid of only one crutch but still feels pain in his left leg.

The Chief Justice said, the defendant who has no previous convictions had demonstrated acceptance of responsibility and remorse, through his co-operation with police and early guilty plea.

In considering whether to suspend all or part of the sentence, the Court is obliged to have regard to the interests of the defendant and the interests of the wider community in his rehabilitation. I am prepared to accept that he is likely to take the opportunity offered by the sentence to rehabilitate himself, said the Chief Justice.

He then fully suspended his two-years sentence for two-years, on strict and relatively onerous conditions.

During suspension, he shall not commit any offences punishable by imprisonment; be placed on probation, abstain from consumption of alcohol, complete a course on drug and alcohol awareness as directed by his probation officer; and perform 100 hours of community service work, including cleaning of beaches and other public spaces.

Failure to comply with any of the conditions may result in the suspension being revoked, and him being required to serve his prison sentence, ordered the Chief Justice.


The defendant was also disqualified from holding or obtaining a driver’s license for two-years.