Three men who were convicted of a string of armed robberies at three Chinese-run shops in Tongatapu, in January this year, have received lengthy jail terms.

Hon. Mr Justice Cooper sentenced Rodney Toki (27), Taniela Pohahau (27) and Tuiaki Muli Pahulu (23) on November 29, at the Nuku'alofa Supreme Court.

Toki entered a late guilty plea to three armed robbery charges and Pohahau also pleaded guilty to armed robbery and abetment to the armed robbery.

Pahulu pleaded guilty to three charges, including one for armed robbery and two of abetment.

The robbers stole around $10,800 pa'anga from Chinese run supermarkets in Ma'ufanga, Kapeta and Tofoa between January 8-11. They were armed with either a knife, a crow bar and a machete, when threatening the shop keepers for the cash.

Prolific offender

The judge said Toki has previous convictions for nine offences dating from 2014-2020, including two for robbery, both in 2016.

For the second robbery, he received a sentence of six-years' imprisonment, the final 18-months suspended. Other offences included four for theft, serious house breaking and common assault.

“Toki stated that the offences were not planned, but given the lengths gone to with the disguises and weapons, that does not appear to be true,” said the judge.

“He also claims to have paid back some of the money to a store keeper in these robberies, but that was not confirmed and out of $10,800 taken in all three robberies, only $1,200 of his share was recovered,” he said.

The judge sentenced him to a total of 12-years and three-months imprisonment.

"Mr Toki has not been out of trouble for a long time, the contrary and his record is not good. He has shunned opportunities at rehabilitation in the past, I consider there are no factors that diminish the culpability and his co-operation is questionable in the light of his not guilty plea and demonstrable ack of empathy with probation."

No part of his sentence was suspended.

Pohahau

Pohahau's previous convictions included eight convictions for 19 offences over 10-years from 2010 to 2020.

The judge said, eight were for house breaking and 10 for theft and one for escape from prison, which he had variously served sentences ranging from three-months to two-years and three-months' imprisonment.

"I conclude that given he did not plead until the morning of trial, the level of violence that he was involved in as well as his previous record he is also at a high risk of reoffending and is a danger to society."

“In addition, the right offence to have charged him with in respect of 9 January was also armed robbery, not abetment.”

He was then sentenced to 10-years and four-months imprisonment.

“Given his age, his criminal record and that nothing about the offences diminishes the culpability and that any apparent earlier cooperation is marred by his not guilty pleas until the morning of trial, I can find nothing, when applying the relevant principles, that would allow me to suspend his sentence,” said the judge.

Pahulu

Pahulu also has a previous conviction for drunkenness in 2015 and a sexual assault matter in 2017, when he was sentenced to two and a half years imprisonment.

“He is classified as being at moderate risk of re-offending and that said he was the only one to be forthcoming about the role of drugs in their offending and entered a timely guilty plea,” said the judge.

“However, he had this year secured himself employment in construction and was earning $50-$80 a day. He also got married this September and is reported to have completely changed his peer group and his attitude to life.

The judge sentenced him for the armed robbery on 11 January, when he had the knife and took the money from the cash register Ms Huang (Tofoa shop) had momentarily turned her back on, while Mr Toki stood watching and then threatened her with the machete he carried.

For January 8^th and 9^th his role was driver, taking the robbers to the venues and then driving them away.

"He would have well known on 9 January that weapons were to be used and I infer that on 8^th too, which stands to reason as there would have been a discussion as to roles that Mr Pahulu was privy to and the crow bar plainly must have been in the car he was driving before that robbery."

The judge also considered carefully the CCTV of the 11 January robbery, when he took the knife into the shop, he plainly went there armed, but there is no evidence he produced it or threatened anyone in the shop. 


“All three camera angles I have reviewed at the slowest play-back speed whereby it takes 3 seconds to play 1 second's worth of footage,” he said.

“Mr Pahulu was the man who went around the counter and after taking the cash jumped onto it and then over and made his way out, loosely shaking himself from Ms Huang's grasp, as she tried to follow, but not fighting her, then he got into the driver's seat of the car.”

The judge sentenced him to five-years imprisonment.

“Because of the well founded hope that he can turn his young life around given his finding work and the reports as to his new determination for the better, the last two-years of his sentence was suspended for two-years, on conditions.”

Toki's sentence was backdated to his remand on 31 August 2021.