By Linny Folau

Falakiko ‘Asisi Mafi who was initially serving 12 months imprisonment for reckless driving, causing the death of his wife in a road crash in 2023, had his jail time increased by the Appeal Court, in a successful appeal by the Crown that the sentence was manifestly inadequate. Mafi will now serve two years in prison.

Appeal Judges Randerson, de Jersey and Heath in a judgment on 28 May in Nuku’alofa, stated that the respondent, who is in his early 40’s, having consumed alcohol crashed his car, killing his wife and injuring his three children, two seriously. He pleaded guilty to three offences, which were Count 1, reckless driving causing death, and Counts 2 and 3, reckless driving causing grievous bodily harm.

Mafi who resided in Houma was married to the deceased Liviana Naivakacavu, a 42-year-old Fijian woman.

The maximum penalties allowed on Count 1 are up to 15 years imprisonment, and for Counts 2 and 3, up to seven years.

Mafi was initially sentenced in the Supreme Court to an effective term of 12 months imprisonment for reckless driving causing death (2.5 years with the final 18 months suspended for two years conditionally). The sentencing judge imposed concurrent terms each of 18 months for the reckless driving causing grievous bodily harm offences.

Inadequacy

The Crown appealed on the grounds of manifest inadequacy.

The Appeal Court heard comparisons to sentencing in other cases including Ikahihifo, and examined the Judge's reasons for sentencing Mafi to serve 12 months.

The Appeal Court accepted that the sentence was inadequate.

“Notwithstanding the learned Judge’s plainly careful expression of her reasons, it must respectfully be said that the sentence imposed on Count 1, of two years six months imprisonment, with the final 18 months conditionally suspended, was, for offending of this marked gravity, manifestly inadequate.

“It failed to reflect the grave loss of life, the culpability of the driving, the need for a serious message of general deterrence, and the other major injuries which occurred. These features join substantially to outweigh matters which are otherwise in the respondent’s favour. This reflects the approach of Ikahihifo.”

The Appeal judges then allowed the appeal. The sentence imposed on Count 1 was set aside, and instead, the respondent imprisoned for 3.5 years, the final 18 months suspended for two years, on conditions.

In addition, the driving licence disqualification for three years runs from the date of sentencing. The sentences of Counts 2 and 3 remain undisturbed to be served concurrently with the 3.5 years term of imprisonment for Count 1, ordered the Appeal Court.

Mafi will now serve two years in prison.