Two young men jailed for theft of substantial cash [1]
Thursday, February 23, 2023 - 18:48
‘Alifeleti Uasi (20) and Niviko Maea (18) have been jailed for serious housebreaking and theft of $68,971 pa'anga from a residence at Halaleva in 2022.
Hon. Justice Tupou KC sentenced them on 14 February at the Supreme Court in Nuku’alofa. In October 2022, they pleaded guilty to the joint charges.
The offending was on 10 March 2022, when the complainant, Mr. Qi Fang Liu, left his residence at Halaleva at around 9:00am.
When he returned two-hours later, he noticed that TOP$20,000 plus USD$20,000 (equivalent to TOP$48,971 .51) was missing from his bedroom. Upon checking the CCTV footage in his home that day, he discovered that the accused persons had entered his house. He immediately lodged a complaint with the police.
Robbery
The judge said, a person named, Sione Maea Tatu told the police that he recalled in March being at his home with the accused persons, Uasi and Maea when they discussed robbing a shop.
“He recalled that around 2:00pm the next day, Maea and Uasi gave him money and he accompanied them to a shop at Ma'ufanga. They also hired a taxi run by 'Ofa, where they went to different shops in Nuku'alofa.
“On leaving the shop at Pahu, Maea and Uasi spotted a police vehicle and told 'Ofa to stop. When the vehicle stopped, Maea and Uasi got off and ran. They left their shopping contained in three plastic bags in the taxi.
“The police took the three plastic bags and 'Ofa agreed to call them if Maea and Uasi contacted him.
“That evening Maea and Uasi contacted 'Ofa to pick them up from an area at Pahu. 'Ofa took them to his house at Puke and asked them why the police were after them. They said they had broken into a Chinese Shop at Fanga to steal money.”
On 29 April, 2022, Uasi was in police custody for a different matter and was interviewed by the police. As a result, Maea was arrested and interviewed on 1 May of the same year. Both admitted to these offences and cooperated with the police.
Sentencing Uasi
The judge said Uasi at 20 had a list of previous convictions.
”The planning of the criminal activity and targeting the complainant was obvious, no doubt with Maea's knowledge of the complainant's property due to his previous employment there.
“He further demonstrated a total disregard of the Courts offer of an opportunity to rehabilitate and reform himself by fully suspending his sentence for a previous serious charge of serious bodily harm by committing this offence,” said the judge.
However, the judge found his early guilty plea and cooperation with the authorities on the instant charges as a show of owning his conduct and taking responsibility for the instant offending.
“I note that the Crown has also proposed a partial suspension of his sentence. Uasi is likely to take the opportunity offered by a partially suspended sentence to rehabilitate himself after his release from prison for this offending,” she said.
With a previous suspended 18-months sentence activated, he was sentenced to an aggregate sentence of three-years and 10-months imprisonment. The final 24-months was suspended for two-years, on conditions.
The total term of imprisonment he is serving is one-year and 10-months.
Sentencing Maea
For Maea, he has one previous conviction for drunkenness.
The judge took into account his share in the stolen funds but considered the lending of his knowledge of the complainant's property in aid of the planning of the offending as proportionate to Uasi's culpability in this offence.
"I accept his remorse as genuine and that if he lived where he was receiving family support, it is unlikely he will reoffend. I intend to suspend a portion of his sentence also."
Maea received a sentence of three-years and four-months Imprisonment. The final 24-months was suspended for two-years, on conditions.
This means he is serving a total imprisonment term of one-year and four-months.
Failure to comply with any of those conditions may result in the suspension being rescinded, in which case, both will be required to serve the balance of his sentence, said the judge.