By Linny Folau

Melekiola Tu’ipulotu who was convicted of serious bodily harm for using a machete on a 16-year-old boy was sentenced to one-year imprisonment, fully suspended for two-years at the Nuku'alofa Supreme Court.

Acting Lord Chief Justice Afeaki re-sentenced the accused (respondent) on December 16, after allowing an appeal by the Police against a sentencing by Principal Magistrate Mafi, at the lower court.

On August 11, the Principal Magistrate sentenced the respondent to a lesser six months' imprisonment, fully suspended for one-year, on conditions that he must not commit any offences punishable by imprisonment and continue good service for the town and the church.

The offence occurred on 26 April this year in Tongatapu, at around 11:00pm when the complainant (16) entered the respondent's home despite having already previously been told not to enter the house at night time. They (complainant and respondent) are known to each other.

The respondent had warned the complainant to leave, but he did not.

As a result, the respondent said he attempted to hit the complainant's shoulder with the flat side of the helepelu (machete). The complainant guarded his shoulder with his right hand, which was injured when the helepelu struck him, said the judge.

The respondent pleaded guilty to the charge. The complainant was not named in this ruling.

Appeal

Police filed the notice of appeal on 20 September asking the Supreme Court to quash the sentence and asked that the respondent be re-sentenced, in the Supreme Court.

The appellant submitted that the appeal should be allowed because the Principal Magistrate's sentencing comments demonstrated, that he acted upon a wrong principle resulting in him imposing a sentence that was inadequate and appropriate, among others.

The judge in his ruling said, after considering the circumstances described within the materials brought before the court in this appeal, the issues and reasons for the decisions of the Magistrate having been taken into account, the Court finds that he erred in his decision making.

"I am prepared to offer the respondent the opportunity and incentive for reintegration in the community by suspension of a longer term of imprisonment."

In addition, the judge was confident that the respondent, the complainant and their family wouldbe able to reflect on the learnings from this event and as the Court was assured.

"I hope that this decision sends a message to our people not to take up a helepelu and use violence to make their points. Self-control is a necessary duty we must all demonstrate as responsible citizens in leading our families and communities."

The A/CJ then quashed the Principal Magistrate's sentence and re-sentenced the respondent to the one-year imprisonment, suspended for two-years on conditions, including 60-hours of community service.