By Linny Folau

David Kent Jr Tau’alupe (39) was jailed for one year for causing grievous bodily harm to ‘Alo’i Kei, when he stabbed him with a sharp object, causing a severe wound to his left upper abdomen, during a drink up altercation at the Laione Club in Vava’u.

Justice Tupou sentenced him on 13 December at the Supreme Court in Nuku’alofa. This was after she found him guilty in October, at the Supreme Court, Vava’u.

The offending was on the evening of 8 December 2023, when the defendant, Kesitoni and the victim, ‘Alo’i were drinking alcohol at Kesitoni’s home before heading to Laione Kava Club, located opposite the Supreme Court of Vava’u.

The judge stated that at the Laione Kava Club, they joined others on the verandah of the club building and continued to drink alcohol. At one point the victim and another left to get more alcohol in Kesitoni’s vehicle, apparently without his permission.

Upon their return there was bantering between the defendant and the victim about the taking of the vehicle that escalated to an argument that led to the victim punching the defendant. The defendant left and returned with a machete to attack the victim, but Kesitoni was able to stop him and reconciled them. The defendant left the club with the machete without incident.

He later returned and punched the victim challenging him to a fight. He was also seen holding what looked like a small knife in his trouser pocket by another person.

 The victim took the challenge and got up to fight the defendant. He did not know about the sharp object in the defendant’s possession. It was not until while engaged in the fight with the defendant and others were urging the victim to retreat as he was bleeding, that he realised he was hurt.

He moved back and saw blood on his clothes and backed off, resting his back against the wall and sliding down to a seated position, stated the judge.

The victim was immediately rushed to the hospital by a neighbour. His doctor examined his injuries and reported that the wound on the left upper abdomen consisted of a 10cm transverse laceration, 3cm deep with a minor cut on one of two exposed ribs with no active bleeding.

The defendant has one previous conviction for driving under the influence of alcohol.

Meanwhile, the Crown submitted the aggravating factors against the defendant were his not guilty plea, a previous conviction, the seriousness of the offence and the serious injury sustained by the victim.

The maximum penalty for causing grievous bodily harm is a term of imprisonment not exceeding 10 years.

“I consider the defendant’s conduct in the instant case was in response to the victim punching him during their first altercation. He was angry, went away and came with a machete. Fortunately, he was stopped and he took the machete away.

“ For a second time, he returned with a small sharp object concealed in his trouser pocket to fight the victim. He was still angry and told the victim so. That clearly signals a degree of planning and premeditation on his part coupled with the use of a highly dangerous weapon, that is, a sharp object demonstrating a high level of culpability.”

The judge stated as for the victim apart from being wounded on the night in question and having to be hospitalised and receive treatment, luckily, no permanent damage or suffering was caused to the victim and his life had returned to normal and he had forgiven the defendant.

“Here, the sharp object was capable of causing serious injury similar to that of a knife and was concealed,” he added.

“Taking into account the seriousness of the offence, the planned and pre-meditated use of a sharp object concealed to be sprung on his victim without warning, pursuing the victim after he brought a machete and returning a second time with a sharp object, the serious injury caused, I consider a starting point of 4 years appropriate.”

After considering, the defendant’s admission of guilt and apology to the victim, the full recovery of the victim, the judge reduced the starting point by 18 months, resulting in a final sentence of two and a half years of imprisonment.

“The defendant is 39 and is not young. However, this is his first serious conviction involving violence. In other words, he has lived almost four decades without criminal conviction.

“Further, I have taken into account the words and support of the district officer and his wife and have formed the view that the defendant will be capable of responding to a deterrent such as a partially suspended sentence. I believe that with the help of his wife and family, the defendant will utilise that period to rehabilitate himself,” the judge stated.

He then sentenced him to two years and six months, with 18 months suspended for two years from the date he is released from prison, on conditions.