Woman who conned car buyers sentenced [1]
Wednesday, May 5, 2021 - 20:20
'Ana Toe‘umu Latu was sentenced to a suspended sentence of 17-months imprisonment, for obtaining about $20,000 by false pretences from three people, by selling the same car.
Hon Mr Justice Cooper sentenced her on April 29, after she pleaded guilty to two counts of obtaining by false pretences, on arraignment at the Nuku’alofa Supreme Court.
The sentence was fully suspended.
He said, in a nutshell the defendant advertised a car for sale, sold it to one person and then pretended it was still hers to sell, while inducing two other people to pay for the car she was no longer in possession of.
About February 2020 the defendant advertised the 2007 Toyota Corolla Rumion for sale on a Facebook page with named ‘Tonga Garage Sale’. The stated price was $9,800.
He said a deposit was to be paid because this vehicle was to be imported from Yokohama, Japan. That price to cover freight and custom's duty.
Musie Funaki bought the car. She first paid the deposit and the money transferred to Japan. She then paid the balance and the car arrived in Tonga in late May or early June 2020.
“Simply put, the defendant then advertised the car again on the Facebook page and this time actually showed the vehicle two other people. It was at Queen Salote Wharf,” said the judge.
Two others also paid the defendant money in tranches for the same car, which was already sold to Miss Funaki.
On 15, August 2020 one of the complainants and her partner went to see the car, but the car had gone. They found out that Miss Funaki had it and that they had been conned.
They reported the defendant to the Police and was arrested. She admitted to the offences during a police interview.
"I have considered very carefully that fraud is a cynical crime; it takes people's hard earned money easily from them and humiliates, causing financial hardship in turn to others who were trusting."
“In addition, she cooperated with police and admitted her criminality in her interview, but what is especially important is that she pleaded guilty early,” said the judge.
"In this case it has just made the difference. I find that this is so serious that only a custodial sentence suitable. Because of her cooperation and lack of previous convictions, I am just persuaded that her remorse is true because of her guilty plea and so I suspend her sentence."
The defendant was then sentenced to 17-months' imprisonment, which was suspended for 24-months.
"If during that time she commits any offence punishable by imprisonnment she stands to be sentenced for this offence as well as the new offence," he said.
Meanwhile, the defendant is to serve 180-hours community service to be completed at the direction of her probation officer.