By Linny Folau

Vaha Afimeimo'unga (41) was jailed for two counts of possession of a .22 rifle and ammunition without a license, which he committed while on bail for other offences.

Acting Lord Chief Justice Tupou sentenced him on 2 April at the Supreme Court in Nuku’alofa, after he had pleaded guilty to both charges in January this year.

The offence was committed on the evening of 14 August, 2023, when the Police were executing a warrant of arrest for 'Etina Fonokalafi at Viliami Tapa'atoutai's residence in Fua'amotu.

The A/LCJ stated that when the Police arrived they noticed a man outside of the main house. Police Officer Mafi informed Officer Fifita that they had discovered gun ammunition on top of a table under a mango tree at the property.

Viliami Tapa'atoutai permitted a search of his residence to proceed and inside, the Police found the defendant hiding in one of the rooms. At the time, he was on bail and subject to a curfew, which restricted him to be at his home at Haveluloto between the hours of 6:00pm- 6:00am each day. He was in breach of that curfew.

Police detained the defendant and continued looking for Ms Fonokalafi. They also searched a small house underneath a mango tree on the property and uncovered the .22 rifle. When questioned about the firearm and ammunition, Viliami revealed it was the defendant who brought it. The defendant said it was for shooting a dog.

Vaha Afimeimo'unga was arrested and remanded in the Central Police Station, where Police confirmed that he did not hold a license to possess the .22 rifle and the six .22 ammunition.

The Crown submitted the aggravating features for the defendant were that, he was not a first-time offender; committed the present offence while on bail for other offendings, had no license to possess arms and ammunition and intended to use the firearm to shoot a dog. The only mitigating features was his early guilty plea and limited cooperation with the Police. The Crown suggested that a custodial sentence was appropriate with a sentence starting at 18-months imprisonment; to be discounted by six-months in consideration of the mitigating features. The defendant was also not entitled to any suspension in view of the principles in Mo'unga.

The judge accepted that the applicable principles in Mo'unga for suspension did not favour the defendant.

“He is not young and has previous convictions. He has recently committed a series of unrelated offendings in 2023. The instant offending demonstrates his deliberate disregard of the law and any sanctions imposed on him, thereby eliminating any expectation that he will capably utilise any suspended period for rehabilitation”, stated the A/LCJ.

In his pre-sentence report, the defendant admitted his addiction to alcohol and drugs but regretted committing this offence and promised to change for his family. 

The report revealed he had an unhappy upbringing around alcohol, physical abuse, extra-marital relationships and control resulting in his parents' separation. That took him and his two siblings and their mother to New Zealand. Among other stuggles he revealed, he married in 2004, and secured permanent residency in New Zealand. He also took online courses and completed his form 7 certificate in 2006. In 2007, he completed a course in road construction.

“Unfortunately, his permanent residency was cancelled in 2009 and he was deported to Tonga for drunk driving. He managed to enter New Zealand using false identity to obtain a passport. He was exposed and deported to Tonga for the second time.

“The probation officer also reported that at the time of the report, the defendant was held at the maximum security prison at Hu'atolitoli for escaping from prison. It was his opinion that he is at a very high risk of re-offending as reflected by his lack of good character, previous convictions and his non-compliance with the decision of the authorities.”

The probation officer also believed that the defendant's remorse was not genuine and recommended a custodial sentence.

Imprisonment

The A/LCJ stated that the maximum statutory penalty for possession of arms and ammunition without a licence is imprisonment for a term not exceeding five-years.

“Having regard to the statutory maximum penalty, the seriousness of the offending, the principles of punishment, denunciation and personal and general deterrence and the comparative sentences provided by the Crown, I consider an appropriate sentence of 18-months imprisonment appropriate for count 1 and 12 months imprisonment for count 2 to be served concurrent to count 1.”

For his early guilty plea and cooperation with the police, she deducted six-months from each count, resulting in a final sentence of 12-months imprisonment for count 1 and six- months imprisonment for count 2.

The defendant was then sentenced on one count of possession of arm without a license to 12-months imprisonment; and for possession of ammunition without a license six-months imprisonment to be served concurrently to count 1. The six-months of the final sentence in this instant was added onto his existing sentence from previous offences to be served cumulatively, starting at the end of his existing six-months sentence.

The defendant is now required to serve 12-months in prison. While, the firearm and ammunition is forfeited to the Crown, ordered the A/LCJ.