Tevita Tukitoa (47) was sentenced to three-years six-months imprisonment for committing indecent assault on a child under the age of 12. He pleaded guilty to the serious offence.

Hon. Mr Justice Niu sentenced the accused on June 10 at the Nuku’alofa Supreme Court.

In this case, the defence counsel submitted because the accused had pleaded guilty, cooperated with police, apologised, was remorseful, had remained trouble free since 2002, that he stopped drinking and because he has crops to attend to, he should be granted a fully suspended imprisonment sentence or alternatively a discharge without conviction under s.204 of the Criminal Offences Act.

The judge rejected this submission, countering that a discharge without conviction should never be ordered in respect of a sexual offence, let alone an offence against a child, especially a female child under 12-years-old.

He said the offence of indecent assault on a child under 12-years was punishable with imprisonment of up to five-years, the same punishment that is applicable to indecent assault of females of 12-years of age and older.

"But in 1990 the law with regard to indecent assault on a child below 12-years of age was amended to provide a sentence of up to seven-years imprisonment. That is the law that applies to this case. So I do not see any justification to order a discharge without conviction for what the Legislature has intended to be a much more serious offence and one which should be punished more severely."

“In addition, the law is intended that sentences for such offence must be such that they are deterrence to the offenders and that such sentences must convey the condemnation of such offences by the society. The protection of young children deserves nothing less,” he said.

He was sentenced to three-years six-months imprisonment but with the last 12-months suspended for two-years on conditions.

The judge ordered there must be no publication of the name/identity or any particulars on the young complainant.