Semisi Mala’efo’ou (16) was sentenced to three-years imprisonment for dangerous driving causing the death of a 21-year-old on ‘Eua in November 2022. 

Lord Chief Justice Whitten KC sentenced him on 19 May at the Supreme Court in Nuku’alofa. In April, he pleaded guilty to the offence, which caused the death of Henry Lakalaka.

The LCJ said the offending occurred around 1:00pm on 11 November 2022, at 'Ohonua, when the defendant, who was 15-years old at the time, started drinking alcohol with others who were preparing food.

>Between 4:00 and 5:00 pm, when they had finished the alcohol, the defendant began driving the others to Ha'atu'a in his mother's vehicle. Once they turned onto the main road from 'Ohonua to Ha'atu'a, the defendant drove the vehicle at speeds of 80 to 90 kilometres per hour and did not slow down, when they approached the village of Pangai which is a 50 kilometre per hour zone.

At that time, Henry 'Esitonia Lakalaka, a 21-year-old male from Angaha and 'Akapei Kefu were walking along the roadside in the same direction the defendant was heading.

At a turn before the Free Church of Tonga compound past the Pangai Community Police post, the Defendant's vehicle, which was still speeding, struck Henry from behind and propelled him over 10 metres where he landed on the fence surrounding the church compound. 'Akapei rushed to Henry, who was unconscious, and his head and face were covered with blood, he said.

On the other hand, the defendant did not stop at the scene. He continued driving to Ha'atu'a where he dropped off the others. Henry died later that evening and the cause of death was determined as severe head injury secondary to blunt force impact, stated the doctor.

The defendant was later arrested. He co-operated with Police and, when interviewed, admitted to the offending. He also pleaded guilty at the first opportunity and accepted responsibility for his actions.

The LCJ generally agreed with the Crown's identification of the aggravating factors for this offending.

“Within the category of highly culpable standard of driving at the time of the offence, the defendant was affected by the consumption of alcohol (although there is no evidence before me as to whether the defendant was tested to determine his blood alcohol concentration) and drove at greatly excessive speed.

“In light of the apparently accepted facts referred to above, not only did the defendant drive at excessive speed, but he was also swerving trying to avoid potholes and oncoming traffic.

He then considered it appropriate to add within this category a "prolonged, persistent and deliberate course of very bad driving. And, as the crown noted, he was driving a poorly maintained vehicle.”

“However, I hasten to add that there is no evidence before me to indicate the extent to which, if at all, any of those defects, including the poorly maintained brakes, played a part in the collision,” said the LCJ.

"For instance, there is no suggestion that the defendant saw the victim and attempted to brake before hitting him. That makes four factors within this category. Within the category of driving habitually below acceptable standard, at then 15 years of age, the defendant could never have had held a (valid) driver's licence. Within the category of irresponsible behaviour at the time of the offence, the defendant failed to stop at the scene."

Imprisonment

The LCJ then sentenced the defendant to three-years imprisonment but with the final 18-months suspended for two-years on conditions.

"I direct that to the greatest extent possible, the defendant be kept separate from the adult inmate population within the prison and that he receives such counselling and pastoral care from the Prison Chaplain, Rev. Semisi Kava, as may be available and required."

At the same time, he was disqualified from holding or applying for a driver's licence for three-years from his prison release.