By Linny Folau

Kalauta Angilau was sentenced to 24 months imprisonment, with part suspended, for two charges of serious wilful damage and theft of a vehicle worth $20,000.

The theft of the vehicle offence was committed on 26 December 2022 when he stole it from Fiona Hausia in Kolofo'ou. Then on January 2023, he intentionally and unlawfully damaged the car, when he dismantled it in Vaini.

Lord Chief Justice Bishop sentenced him earlier this month at the Supreme Court in Nuku’alofa. This was after, he was set for trial in September but changed his plea to guilty on the charges.

The accused also had a drugs offence in the Magistrate's Court to which he had already pleaded guilty. This matter was committed as to be sentenced together before the Supreme Court. The accused changed his plea to guilty to possession of 2.29 grams of cannabis and unlawful possession of 31 empty packs.

The Lord Chief Justice stated that the theft was a serious offence because the accused stole the vehicle which was worth $20,000.

"It was a new vehicle which the victim had acquired only two weeks previously. I can well imagine the distress, which losing the vehicle must have caused, because not only was it her only means of transport but she had to spend money on taxi fares particularly over the Christmas period when this happened because a friend came to stay with her and they were left without any transport.

“She must have worked very hard to find the money to acquire the vehicle. Added to that, the vehicle was permanently damaged and cannot be used for reasons which seem unclear."

The Lord Chief Justice noted that the accused had a long list of previous convictions, the majority of which were property offences.

“Accordingly it seems to me that the head sentence here should be that of theft and I set a starting point of 2 years imprisonment for both counts of theft and serious wilful damage. On the question of suspension you have a long history of previous convictions, you did however plead guilty and I accept with some hesitation that what you did was not premeditated.

“That together with the supporting letters which I received this morning from your Bishop and relatives enables me to suspend six months of the sentence.”

Sentences

The accused will serve 24 months in custody with the last six months suspended for six months. (If during the period of the suspension he commits any other offence punishable by imprisonment he will serve that sentence).

For the charges of theft and wilful damage, the accused was sentenced to 24 months imprisonment with the last six months suspended for six months on the conditions that includes not committing any offence punishable by imprisonment, must live where directed by the Probation Office, and he must complete two courses with the Salvation Army within one year, namely the Life Skills Course and a course on Alcohol and Drug Addiction.

The judge also considered the question of the cannabis and unlawful possession of 31 empty packs account for joint sentencing.

For possession of the 2.29 grams of cannabis, unlawful possession of 31 empty packs, the accused was sentenced to nine months imprisonment, six of which are concurrent to the head count of the theft and wilful damage. The remaining three months is served consecutively, he ruled.

This means that Angilau is serving 21 months in prison. At the same time, all drugs and utensils in this matter were ordered to be destroyed.