‘Alifeleti Uasi (18) was sentenced today to 18-months imprisonment for causing serious bodily harm, when he injured a shopkeeper with rocks at a Chinese shop. He was drunk and was denied getting a can of soda, which he did not have enough money for.

Lord Chief Justice Whitten QC sentenced him at the Nuku’alofa Supreme Court, after the accused plead guilty in April.

The sentence was fully suspended, on conditions.

The offending was on 10 October 2020 at Halaleva, when the defendant went into a Chinese shop to buy a can of soda. He gave the shopkeeper, 50 cents. The complainant rejected his offer because the soda did not cost 50 cents. 

The defendant then asked another customer for money. This customer gave him 20 cents. The defendant then gave the 70 cents to the complainant and in return, the complainant gave the defendant two ice blocks.

The defendant threw one of the ice blocks at the complainant, which hit his chest. He then threw a number of rocks at the complainant.

The third rock hit the complainant’s hand, while the fourth and larger rock, struck the left side of the complainant’s head. He was rushed to the hospital by his father suffering from a 5cm laceration to his left periocular region. 

After the complainant and his father left, the defendant stood by the door of the shop with a machete threatening anyone who attempted to stop him. Police arrested him and he admitted to the offending.

Alcohol related

In addition, the Chief Justice did not accept the Crown’s submission that the offending was aggravated by racism. 

"There is no evidence in the material available on sentence to support that as being the defendant’s motive for the assault. It seems to me that his reaction to being denied what he wanted to buy because he did not have enough 
money for it, fuelled by alcohol, would likely have been the same regardless of the nationality of the shopkeeper."

After having regard to the seriousness of the offending, including the use of a rock as a weapon, the injury sustained by the victim and the comparable sentences submitted by the Crown, he set a starting point of two-years’ imprisonment.

“For the defendant’s early guilty plea, I reduce the starting point by 25% or six-months, resulting in a sentence of 18-months’ imprisonment. The defendant is formally unemployed,” he said.

The defendant said that he had been drinking with some friends. The complainant had also told the defendant off because he smelled of alcohol. As a result, the defendant swore at the complainant and starting throwing things at him. 

The Chief Justice said the probation officer reported that the defendant had apologised to the complainant, that he had forgiven the defendant and that the defendant had promised the complainant he would never harm anyone else ever again. 

The defendant told the officer that he had been sober for months.

“The officer opines that the defendant has acknowledged his wrongdoing and is remorseful and recommended a suspended sentence, abstention from alcohol, a drug and alcohol awareness course and community service,” he said.

“As for suspension, the considerations mostly favour the defendant, he is young and has two relatively minor previous convictions, when he must have been about 16. I suspect alcohol also featured in both. It is clear he has a very real problem with it. 

He co-operated with the authorities and pleaded guilty at the earliest opportunity, said the Chief Justice.

"While self-induced intoxication is never an excuse for criminal conduct, and whatever the complainant said to the defendant could never operate as provocation, in any exculpatory sense, I do consider that the defendant’s young age combined with alcohol, and resulting impaired judgment, represents some very minor diminution in culpability through lack of premeditation."

The defendant was sentenced to 18-months’ imprisonment. 


The sentence was fully suspended for two-years on conditions, that he completes courses on alcohol, drugs awareness and life skills and 
perform 80 hours of community service, among others.

Failure to comply with the above conditions may result in the suspension being rescinded and the defendant will be required to serve his term of imprisonment, said the Chief Justice.