Suspended sentence for rugby spectator who punched man [1]
Thursday, April 21, 2022 - 18:48
By Linny Folau
‘Alaki Fonua Tupou (56) was sentenced to 18-months imprisonment for causing seriously bodily harm, when he punched a man on the mouth smashing five of his teeth in Kelana, Vava'u.
Lord Chief Justice Whitten QC via AVL (audio visual link) in Nuku'alofa Supreme Court 1 sentenced him on April 11, after he changed his plea to guilty.
The complainant Sailone Laloni (40) comes from Faletoa, while the defendant is from Leimatu’a.
On November 2020, the complainant was watching a rugby game between Pangaimotu and Faletoa at Kelana. The defendant was also a spectator at the game.
During the match, the defendant and complainant got into a verbal argument and the complainant made his way towards the defendant. The defendant walked towards the complainant and punched his mouth, and he fell down.
The complainant was taken to the hospital and was found to have a swollen lower lip, a laceration to the mid-lower lip and five missing teeth with active bleeding. An x-ray showed that all five teeth were completely removed, said the Lord Chief Justice.
The defendant has no previous convictions cooperated with the police.
“Having regard to the seriousness of the offending and the circumstances in which it occurred, I consider an appropriate starting point to be two-years imprisonment,” said the Lord Chief Justice.
On account of the defendant’s late guilty plea and no previous convictions, he reduced the starting point by six-months resulting in a sentence of 18-months imprisonment.
"I consider that by reason of the defendant's age, his lack of previous convictions, his demonstrated remorse including that he and the complainant have reconciled and that there was some degree of provocation, initially at least, that it is appropriate to fully suspend the sentence on conditions."
The defendant was then sentenced to 18 months-imprisonment.
This was fully suspended for two-years on conditions that he carry out 40-hours of community service, not commit any offence punishable by imprisonment, complete an anger management course, among others.