Ryan Vakaahi (29) was sentenced to three-years four-months imprisonment for causing bodily harm, when he shot another man on his thigh with a .22 rifle at 'Anana.

Lord Chief Justice Whitten KC sentenced him on two counts that included possession of an unlicensed firearm, on 6 December at the Supreme Court, in Nuku’alofa.

On the morning of 2 February this year, the complainant, 'Asaeli Teulilo, said that he went to the defendant's house at 'Anana to collect his leaf blower.

The defendant told him that he had lent it to a friend and invited 'Asaeli to go with him to his friend's house to get it. 'Asaeli told the defendant to go and get the leaf blower himself. An argument ensured during which 'Asaeli assaulted the defendant and then returned to his home.

That afternoon, the defendant drove to 'Asaeli's house and parked on the side of the road. 'Asaeli walked over to where the vehicle was parked. The defendant complained about the assault, earlier that day.

'Asaeli told the defendant that he had caused the events of that morning. The defendant then produced a .22 rifle, shot the complainant in his left thigh and drove off. 'Asaeli tried to chase after the defendant.

The complainant lodged a complaint with Police and was referred to Vaiola Hospital and was found to be hemodynamically stable and had no fracture.

The entry wound was approximately 1 cm by 1 cm but the tract was more than 4cm deep. While the bullet was not visible, x-rays showed that it was deep in the muscle. Medical staff determined that there was no need to remove the bullet, at that time and so the wound was dressed and 'Asaeli was given antibiotics.

The defendant was arrested later that day. He cooperated with police and admitted to the offending.

Previous convictions

He has previous convictions in the Magistrate's Court between 2018 and 2022 for theft, common assault, physical domestic violence and careless driving. On each occasion, he was fined with a short term of imprisonment in default, said the Lord Chief Justice.

Probation Officer opined that the defendant is at low risk of reoffending due to his guilty plea, genuine remorse and recovery from substance abuse.

However, that risk could increase if the defendant were to relapse into substance abuse and associating with negative peers. Therefore, the Probation Officer recommended partial suspension on conditions including abstention and courses on life skills, anger management and alcohol and drugs awareness.

The maximum statutory penalties for each of the subject offences is 5-years imprisonment.

The Lord Chief Justice said, “Having regard to the seriousness of the offending, the comparable sentences and principles referred to above, the importance of imposing sentences which adeqhately reflect the community's denunciation for this type of violence and the need for deterrence, I set the following starting points:

(a) count 1 - causing serious bodily harm, 4-years imprisonment;
(b) count 2 - possession of an unlicensed firearm (used to shoot the victim), 2-years imprisonment.

The defendant was then sentenced to 40-months imprisonment.

The Lord Chief Justice said, in light of the positive steps taken by the defendant to date, the above considerations, balanced by the need when determining suspension to ensure sufficient deterrence in the result, and considered the final 20-months was suspended on conditions.

At the same time, the default terms of imprisonment from his Magistrate's Court convictions and fines are to be served concurrently, with this sentence.

"Failure to comply with any of those conditions may result in the suspension being rescinded, in which case, the defendant will be required to serve the balance of his prison term. Subject to compliance with those conditions and any remissions available under the Prisons Act, the defendant will be required to serve 20-months in prison."

The firearm was ordered to be forfeited to the Crown.