A prolific armed robber, Rodney Toki (27), must serve another two years in prison, to be added onto a 12 years+ sentence he is already serving, the Appeal Court ruled this month.

“This is one of those rare cases where there is little if any hope of his rehabilitation. The protection of society requires that he remain imprisoned for a lengthy period, which properly reflects the total seriousness of his two distinct bouts of criminal offending," stated the Appeal Court ruling

The Appeal Court allowed an appeal by the Crown against Toki's latest sentencing terms imposed at the Supreme Court in 2022, for offences committed while he was on bail for previous offending for a string of armed robberies of Chinese shops.

A judge on 29 November 2021 had sentenced Toki to a total term of 12-years and three-months imprisonment for those armed robberies committed on Chinese supermarkets, over a five-day period in January 2021.

Then, while he was on bail, he reoffended.

Toki had pleaded guilty to one count of theft and three counts of housebreaking with three associated thefts, between July and August 2021. These offences were committed, after his, while on bail.

The Appeal Court stated, on the first occasion, he stole a flatscreen television set, a video machine, iPad, five ta‘ovalas and car tyres to a value of $14,000; on the second, he stole jewellery worth $25,000, less than half of which was recovered; on the third, he stole electronic equipment to a value of $500; and on the fourth, he stole Tongan traditional mats and electronic equipment including a laptop to value of $4,600.

Toki was sentenced on 28 June 2022 by Hon. Mr Justice Cooper.

"He had a history of serious dishonesty offending dating back to 2014. The pre-sentence report writer noted his continual association with habitual criminals; his substance abuse and family dysfunction; his community disassociation and related lack of a sense of social responsibility; and his previous reluctance to complete a rehabilitation program.

“The report writer was satisfied that he continued to be a threat to society, particularly foreign residents."

Toki had earlier been sentenced to a term of six-years imprisonment in 2016, with the final 18-months suspended.

Appeal against latest sentence

The appeal related to the 28 June 2022 sentencing, where the judge imposed a series of sentences for the instant offences, concurrently and cumulatively amounting to an aggregate term of five-years and four-months imprisonment with no suspension.

"There is no challenge to the length of that end sentence.

“However, the Judge expressly ordered that the sentence was to run concurrently with and not cumulatively upon Mr Toki's first or existing term of 12-years and three-months imprisonment," stated the Appeal Court ruling.

“He justified his decision on the grounds that, first, despite all the aggravating features of the offending, he had already declined to suspend any part of the sentence; and second, the existing sentence was so substantial that it would be unjust to add to it.

This resulted in the Attorney-General's appeal.

Concurrent or cumulative?

“Did the Judge err in imposing terms of imprisonment on the respondent, Toki, to be served concurrently with rather than cumulatively, in whole or in part, upon a term of imprisonment which had been earlier imposed?” stated the Appeal Court.

"We agree with the Judge that an aggregation of the two end sentences would have been excessive. However, he did not consider the alternative of ordering part of the second sentence to be served cumulatively upon the first. We agree with the Attorney-General that a partial cumulative term of two years would be appropriate."

"There are compelling factors justifying that result. It would be repugnant to justice not to recognise Mr Toki's serious bout of criminal offending by a discrete term of imprisonment. He must he held separately accountable for those crimes. While we agree with Cooper J that the existing term of 12 years and three months imprisonment is substantial, it cannot be just when considering the wider societal interests to subsume all the aggravating features of the second offending within it.

“We emphasise particularly Mr Toki's offending while on bail and his use of a weapon."

The Appeal Court accepted that the end result is indeed substantial.

"But Mr Toki's personal circumstances carry little weight. This is one of those rare cases where there is little if any hope of his rehabilitation. The protection of society requires that he remain imprisoned for a lengthy period which properly reflects the total seriousness of his two distinct bouts of criminal offending."

The appeal was then allowed, and the Appeal Court varied the sentence imposed in the Supreme Court on 28 June 2022 by ordering that two-years of his sentence of five-years and four-months imprisonment be served cumulatively upon his first sentence of 12-years and three-months imprisonment that was imposed in 2021.