By Linny Folau

Sosiua Vea (37) in a ruthless deception of his best friend was imprisoned for obtaining money by false pretence, when the imported double cab vehicle that was supposed to be purchased was never delivered.

Justice Cooper sentenced him on 30 April at the Supreme Court in Nuku’alofa. This was after he pleaded guilty to the offence, when in 2022 he obtained the cash from Talavao Pohiva by tricking him into paying for a double-cab vehicle that was to be imported from Japan but was never delivered.

The defendant was sentenced to two and a half years' imprisonment.

The judge ordered that 12 months of which will be added to a sentence imposed on him 8 March 2024, on another case, which was two years and two months' imprisonment, the last 12 months suspended for two years, on conditions. The effect of that being, that for both these separate cases, he will now serve a total of three years and two months' imprisonment, the last 12 months suspended on the conditions already imposed in the previous case.

The court heard that Mr. Pohiva was in Australia in November 2022. He was planning on returning to Tonga and needed the vehicle.

In February 2024, he paid a deposit of $17,000 and on his return to Tonga the balance. He was told the vehicle would be ready for him the next week. In fact many weeks passed and no vehicle was ever delivered.

The judge stated that it is right to say that Mr Vea did return $17,000 to Mr. Pohiva, but not the outstanding money, which the case summary states was $10,093 pa’anga. A complaint was lodged with the police, leading to his arrest. He admitted to the police what he had done.

The Crown submitted the aggravating factors was the seriousness of the offending, the betrayal of trust - the accused and the complainant were best friends and the accused used a legitimate trading business for his deception.

The Crown submitted a sentence starting point of two and half to three and half years be imposed, with a discount of 12 months for his early guilty plea and cooperation. Ultimately the submission is that 12 months of this sentence be added to the sentence he currently is serving.

As for mitigating factors, the accused entered an early guilty plea and paid back $17,000 and cooperated with the police.

Meanwhile, the offence of obtaining money by false pretence is provided for under the Criminal Offences Act. Any person convicted of an offence under that section shall be liable to the same punishment as if he had committed theft. Thus for an offence of theft, the maximum penalty for stealing items with a value exceeding $10,000, is seven years' imprisonment.

The defendant's previous conviction was that on 8 March 2024, Acting Lord Chief Justice Tupou imposed on him, a sentence of two years and two months' imprisonment on for a like offence, when he  obtained by deception $15,000 from another victim for an X-trail motor vehicle that was never delivered. The last 12 months were suspended for two years on conditions. It is important to note that the instant offence was committed before the one he has just been imprisoned for, stated the judge.

“In his pre-sentence report it was noted is that this was not just a breach of trust, but it was a friend, indeed his best friend he deceived. Against that he is said to be remorseful and candid about the level of deception he caused a close friend.”

Deception

The judge then set a starting point of three years' imprisonment, increased to three and half years to reflect the ruthless way he deceived his friend.

“In considering the totality principle, I conclude that 12 months of his sentence must be added to the term he already is serving. Given that his current sentence already has a suspended element to it and this sentence is to add 12 months' imprisonment to the overall sentence he is serving, no part of the instant sentence is capable of being suspended,” he stated.

The accused was then sentenced to two and a half years' imprisonment, 12 months of which will be added to the sentence imposed on him 8 March 2024, whichis two years and two months' imprisonment, the last 12 months suspended for two years, on conditions.

This resulted to the effect, that for both these separate cases, he will now serve a total of three years and two months' imprisonment, the last 12 months suspended on the conditions already imposed in the previous case, ordered the judge.