More jail time for “menace to society” in stabbing case [1]
Monday, May 16, 2022 - 19:37
By Linny Folau
Ma’ake Pasina (36) was sentenced to two and a half-years imprisonment for causing serious bodily harm when he stabbed a complainant twice during brawl, in Ngele’ia in 2021. The court also rescinded a previous six-months' suspended sentence and added it to this one, meaning the offender will serve a total of three-years imprisonment.
Lord Chief Justice Whitten QC sentenced the offender on 13 April at the Supreme Court in Nuku’alofa, after he pleaded guilty to the offences on 5 April.
The offence occurred on 14 October 2021, when the complainant, Mateni Finau (27) was at a barbershop where he worked in Ngele'ia.
When Mateni finished attending to a customer, he went outside. The defendant arrived shortly after with three other people in a van. The defendant got out of the van and told Mateni to get in the van and tried to pull him in. Mateni refused and the defendant punched him. A fight broke out during which the defendant pulled a knife from his trouser pocket and stabbed Mateni twice. Mateni continued to resist.
The defendant eventually gave up and got back in the van and left.
Mateni was taken to hospital. He suffered a 4cm wide by 1cm deep laceration on his left shoulder and a 3cm wide laceration on his left forearm, both of which required suturing.
The judge noted that the when he was arrested, the defendant did not cooperate and chose to remain silent when questioned.
Menace to society
The Lord Chief Justice did not accept the defendant's account to the probation officer that the complainant punched him first.
“The defendant clearly lied to the probation officer about a number of matters. Even Mr Mo'ale [defence counsel] appeared to be taken by surprise by the contents of the pre-sentence report, to the point that he was either unable or unwilling to make any substantive submissions in his client's favour other than pointing to the obvious mitigating factors, which the Crown submissions had already identified,” he said.
"The defendant has a poor criminal record. Moreover, he has had a number of convictions in which wholly or partly suspended sentences have been imposed.
“Those previous convictions include offences involving violence and have expanded, more recently, to illicit drugs. He has not taken the opportunity afforded by previous suspended sentences to effect lasting rehabilitation. He is clearly becoming a menace to society. His most recent dishonesty with the probation officer fortifies that view. In those circumstances, specific deterrence and protection of the community outweigh any waning hopes for the defendant's rehabilitation."
The judge said for those reasons it was not appropriate to suspend any part of the sentence.
In addition, this offending was committed during his two-year suspension period.
The Lord Chief Justice rescinded the six-months suspended sentence and added it to this one, making a total period of three-years imprisonment.