Violent man jailed for attempted murder [1]
Tuesday, July 26, 2022 - 20:19. Updated on Tuesday, July 26, 2022 - 20:21.
Vincent Mavaetangi Niua (51) was sentenced to eight-years imprisonment for attempted murder of a woman, whom he was in a defacto relationship with.
Lord Chief Justice Whitten QC sentenced on 22 July at the Supreme Court in Nuku’alofa.
The defendant initially pleaded not guilty, but upon re-arraignment, he changed his pleas to guilty for serious housebreaking and attempted murder.
The Prosecution accepted those pleas in discharge of rape counts.
The court heard that the offence occured one early morning in October 2021 on Tongatapu, when the complainant was asleep, as she felt someone strangling her, with what felt like a rope.
He eventually released his hold, she called out to the neighbours for help and filed a complaint with the police. She was also medically examined, the day after.
Although, by that time there were no visible signs of injury, except that she reported still feeling some discomfort around her neck and upper shoulders, he said.
Appalling
The Lord Chief Justice said, here the defendant used a cable as a weapon but not of a kind such as a knife or other conventional weapon referred to in the more serious categories of culpability.
“There is scant material on the question of premeditation or whether the offending was a spontaneous attempt to kill. The fact that alcohol was involved would tend to suggest more the latter,” he said.
"However, I do not accept the defendant's purported explanation that his actions were 'a prank'. In my view, it is more likely that he was feeling scorned by the complainant having ended the relationship and, consistent with his egotistically controlling manner, was intent on revenge and subjugation by ending her life."
“His actions can only be described as appalling and sadistic. Those features of the offending correspond with the guidelines category of medium culpability."
He said the harm, physically at least, to the victim falls within category 3, the least severe.
However, this offence was committed in a domestic context and there was a history of violence or abuse towards the victim by the defendant, he said.
He then sentenced the defendant to eight-years imprisonment.
Afer considering, that he co-operated with the authorities and admitted to the allegations, and eventually pleading guilty, this is his first conviction, the Lord Chief Justice was satisfied that the offender was likely to take the opportunity for rehabilitation, afforded by a partially suspended sentence.
He then suspended the final two-years of the sentence for three-years on conditions.
"Failure to comply with any of the above conditions may result in the suspension being rescinded and the defendant being required to serve the balance of his prison term."