A teenager, Semisi Peleketi Vea was sentenced to three-years eight months imprisonment for causing grievous bodily harm to a 20-year-old man using a machete.

Lord Chief Justice Whitten KC sentenced him at the Supreme Court in Nuku’alofa, after he pleaded guilty to the charge in December 2022. 

The accused committed the offending on 6 August 2022, at the age of 17 years, after he became annoyed by rumours.

The victim was 'Alifeleti Uasi, (20), who was drinking alcohol with Kalonikali Maea at Maea's residence in Halaleva, Tongatapu.

The Lord Chief Justice said, at one stage, Kalonikali went to buy cannabis from a Chinese shop at Houmakelikao. When he returned from the shop, he told 'Alifeleti that the shop owner thought that 'Alifeleti was a police officer. 

'Alifeleti found out that Ualani Vea, the defendant's brother, told the Chinese shop owner that 'Alifeleti was a police officer, and he was furious with him. 'Alifeleti and Kalonikali then went to the defendant's residence in search of Ualani.

The defendant, who was at home, noticed 'Alifeleti in front of a Chinese shop on the other side of the road, so he walked over to him. The defendant asked 'Alifeleti where his brother was, to which, 'Alifeleti responded that he did not know.

The defendant told 'Alifeleti to wait there. The defendant then crossed over to some tanetane shrubs along the front of his home and retrieved a machete and concealed it behind his back. He then walked back to 'Alifeleti and asked him why he had repeatedly annoyed his family.

He then struck at 'Alifeleti's head with the machete three times. 'Alifeleti used his left arm to block the strikes, resulting in severe injury to his forearm. The defendant's neighbour and mother stopped the defendant from continuing to assault 'Alifeleti who was then rushed to Vaiola Hospital.

Over the next four days, 'Alifeleti received treatment for his wounds with Dr Tu'ipulotu confirming that the most serious of the lacerations to the victim's arm was deep enough to chip the radial bone.

In August 2022, 'Alifeleti lodged a complaint with police. The defendant was subsequently arrested. 

He is a first time offender.

The court also heard that the defendant and his family had apologised to the victim, which he accepted. While, the injuries on the victim’s left forearm had healed and he had fully recovered. Dr Tu'ipulotu confirmed that the injuries would not affect the normal function of 'Alifeleti's arm.

Rights of the child

The Lord Chief Justice said the defendant is very young, and also attracts special considerations when determining an appropriate overall sentence (Afeaki [2020] TOSC 4). One of those is Article 37(b) of the UN Convention on the Rights of the Child, to which Tonga acceded in 1995, and which provides that:

'Even though the defendant is no longer a child as defined in the Convention (under 18 years), and Tonga is still yet to enact domestic legislation to give effect to it, I consider it appropriate to give some effect to Article 37 through the available sentencing tool of suspension2: Wolfgramm [2020] TOSC 78. 

However, that must be balanced by the requirement to also give effect to other relevant sentencing objectives such as punishment, denunciation, protection of the community, and general and specific deterrence.'

He said the Crown had indicated that, upon a plea of guilty, it would submit a sentence of 2 to 3 years (later firmed to 3-years) with the final 18-months suspended.

The defendant was sentenced to three-years and eight-months imprisonment. The final two-years was suspended for three-years, on conditions.

Any breach of those conditions is likely to result in the defendant being required to serve the balance of his term of imprisonment, said Lord Chief Justice Whitten.