Offender with mental disorder admitted to psychiatric ward [1]
Wednesday, September 22, 2021 - 17:57. Updated on Thursday, September 23, 2021 - 09:37.
Vainikolo Maile (39) who was convicted of serious indecent assault of a woman received a suspended sentence on condition, that he voluntarily be admitted to the Psychiatric Ward at Vaiola Hospital for three-months.
Hon. Mr Justice Cooper sentenced him at the Nuku’alofa Supreme Court earlier this month. This was after he peaded guilty to the offence committed in April this year in Nuku’alofa. He also ordered no publication of the victim's identity in this case.
The judge read the Crown's submissions on sentence, a pre-sentence report and a psychiatric report from Dr Pepa.
The accused had a number of convictions that included drunkenness, housebreaking and theft.
“Under the World Health Organisation classification Maile has been diagnosed with mild intellectual disability and stated by Dr. Pepa to be bordering on moderate.”
“He has also been diagnosed with mental and behavioural disorder arising from abuse of alcohol. It is important to put these conditions in perspective, as Maile is someone who has struggled with intellectual impairment from birth,” he said.
“There was no system of support that was offered during his formative years and he was left to drop out of school. It is a consequence of this that his history of offending started and finally the case before the court today.”
Putting his offending into this context and considering the comparable cases and the medical report the judge then considered what is the right sentence.
“For an offence of this kind the correct starting point is 12-months' imprisonment. Because of his early guilty plea, I reduce that by 30% to give an eight-months sentence. This was suspended for 18-months, on conditions.”
The judge ordered that Under section 4 of the Mental Health Act, Maile be voluntarily detained at the psychiatric ward at the Vaiola Hospital from September 7 for three-months.
Prosecution confirmed today that his guardian had voluntarily admitted him for treatment at the ward.
Upon his release from hospital, he must not commit any offence punishable by imprisonment. He must also report to his probation officer and complete an alcohol awareness course.
“Any breach of his sentence I reserve to myself,” said the judge.