By Linny Folau 

Siutaka Siua (29) was sentenced to two-years imprisonment for serious causing bodily harm when he stabbed a 20-year-old man on his thigh at Ma’ufanga. Acting Lord Chief Justice Tupou sentenced him last month at the Supreme Court in Nuku’alofa.

On the evening of 27 May 2023, the complainant, Lisiate Telefoni and a group of people were drinking at a bar in Nuku’alofa. At around 11:00pm, the complainant and his group left for a residence at Ma'ufanga. Another group, which included the defendant, Siutaka, were drinking there.

The A/LCJ stated that when the group from the bar arrived, most joined the drinking party inside Mr. Suka's house. The complainant and one named Lesieli remained in the vehicle. Lesieli's sister, Reena called out for her to join them. They remained in the vehicle. In the meantime, the defendant was in the house preparing food and overheard Reena calling out to Lesieli.

When the complainant and Lesieli finally came out of the vehicle, they remained outside talking to others there. The defendant walked up to the complainant and embraced him. During the embrace, he stabbed the complainant on his left thigh with a knife. The complainant pushed the defendant and the defendant fled.

The complainant was then taken to the hospital and was found to have sustained a 4x3cm wound to his left groin with no active bleeding. He was hospitalized for eight days. While, the defendant admitted the offending on arrest.

The Crown's submitted the aggravating features of the offending were: the injury sustained was serious, but at the lower end of the scale; a knife was used to commit the offence; the defendant was under the influence of alcohol when he committed the offence; the attack was unprovoked and he has previous convictions, among others.

Victim Impact Report

Meanwhile, the complainant was admitted to Vaiola Hospital as a result of his injuries for eight days. The wound had healed and he can walk without pain. He denied the allegations by the defendant that he uttered profanities toward him. He was surprised when the defendant attacked him.

The defendant apologised to him on the night of the offending and he forgave him. While he was in the hospital, the defendant's family visited with $1,000 to assist while the complainant was in the hospital.

"I doubt the defendant's account to the probation officer that he was provoked by the complainant. He has raised at this late stage and I find it inconsistent with his full acceptance of the summary of facts, fleeing the scene after the offending, apologising after the offending and his family providing assistance while the complainant was in the hospital. I note that the probation report records that the defendant did not admit to the offending. I accept the position in the summary of facts that the defendant admitted to the offending after he was read his rights on arrest."

The A/LCJ also found it inconsistent with his full acceptance of the summary of facts, fleeing the scene after the offending, apologising after the offending and his family providing assistance while the complainant was in thehospital.

"I note that the probation report records that the defendant did not admit to the offending. I accept the position in the summary of facts that the defendant admitted to the offending after he was read his rights on arrest.”

She stated having regard to the seriousness of the offending, in light of the statutory maximum penalty, the comparable sentences and principles referred to above, the unprovoked nature of the attack, the injuries inflicted on the complainant, the sentencing objectives of punishment, denunciation, deterrence and protection of the community, a starting point of three-years imprisonment set.

For the defendant's early guilty plea, remorse and cooperation with the police, the A/LCJ reduced that starting point by 12-months resulting in a final sentence of two-years imprisonment.

The Prosecution accepted the defendant was entitled to some suspension of his sentence but argued that the defendant took the knife with him when he went outside towards the complainant, demonstrating a degree of premeditation. Secondly, he fled from the scene after he stabbed the defendant and therefore a partial suspension was appropriate.

“I note the Prosecution's position on the complainant's forgiveness and reluctance to prosecute the defendant as well as the approach in Helu where the court said:..."any verified forgiveness by a victim cannot operate as an exoneration. Even though the crime here is against a person, all criminal prosecutions taken in the name of the Crown involved offence to the State representing the whole community. To elevate the forgiveness of a victim to the level of virtual exculpation, with the Court being expected to essentially take no effective action on sentencing, would have the result of subverting the statutory proscriptions imposed by Parliament and the criminal common law ..." I agree, stated the A/LCJ.

"However, the defendant has demonstrated remorse reflected by the complainant's clemency toward him and he cooperated with the authorities. I am confident that with the support of his family, the town officer and counselling by Father Manu, the prospect of rehabilitation is likely. All things considered, I am prepared to suspend 14-months of the defendant's final sentence."

The defendant was then convicted of causing serious bodily harm and sentenced to two-years' imprisonment.

The final 14-months of the sentence was suspended for two-years from the his release from prison on conditions that during the said suspension period, must not commit any offence punishable by imprisonment; report to the probation office within 48 hours of his release from prison and thereafter as required by his probation officer; complete a course on alcohol, drug awareness and life skills as directed by his probation officer.

The A/LCJ stated that failure to comply with the said conditions may result in the suspension being rescinded, in which case, the defendant will be required to complete the balance of his prison term.

The defendant is now serving 10-months in prison.