By Linny Folau

Toni ‘Alatini (23) is serving 15 months in prison for striking Sosefo Taufa with a machete on his left arm, resulting in serious injuries in an unprovoked attack in Veitongo.

Justice Tupou sentenced him on 16 May at the Supreme Court in Nuku’alofa. This was after he pleaded guilty in February.

The offending occurred on the evening on 3 August 2024. The complainant went into a Chinese store, while his two friends remained outside. The defendant suddenly attacked the complainant's friends outside, and by the time the complainant came out, the defendant had fled. The friends went home and returned with the complainant to the same shop around 9:00pm. There, the defendant attacked them again, and while his friends ran away, the complainant challenged the defendant asking why he was attacking them.

The defendant stated that he had come to beat them up, moving towards the complainant. The complainant punched the defendant, causing him to fall to the ground. The defendant then picked up a machete that was beside his bicycle and struck the complainant's left arm with it, got on his bicycle and fled, stated the judge.

The complainant was rushed to Vaiola Hospital where his wound was treated and bandaged.

On 5 August 2024, Dr. Halafihi confirmed in a report that he sustained on his left arm and forearm, a 30cm healing laceration extending from the left and mid-upper arm to the left proximal forearm as a result of the machete strike by the defendant.

The defendant was arrested on 8 August 2024.

The Crown submitted the aggravating features of the offending were the use of a machete, no apology to victim, his previous convictions, the serious injuries sustained and the unprovoked attack. His only mitigating features was his early guilty plea and cooperation with the Police.

A Victim Impact Report, reported that the complainant was suffering from pain as a result of his injury and not being able to sleep that night. Despite the healing of the wound, he remains traumatized by the experience and is apprehensive on the sighting of a machete. The complainant also stated that the defendant's mother apologized to him. However, he underlined that although he sees the defendant around Veitongo every so often, there has been no personal apology from the defendant to him for what he did.

The defendant told the probation officer that the complainant and his friends often visit the Chinese shop because his girlfriend works there and for the purposes of asking her out. That is why he attacked them. The report assessed the defendant at low risk for re-offending and recommended a fully suspended sentence despite noting the summary of facts recorded the defendant to be in possession of previous convictions, stated the judge.

“Here, the defendant by his own admission, went to the shop to beat up the complainant and his friends. He brought a machete with him, no doubt, for that purpose. To attack others with a lethal weapon such as a machete, on an assumption they are interested in one's girlfriend is absurd, and I find the defendant's act and excuse for it, deplorable.”

The judge stated that the maximum statutory penalty for causing serious bodily harm is five years' imprisonment. Having regard to maximum statutory penalty, the planned and deliberate use of a machete, the serious injuries sustained by the complainant, the comparable sentences, the sentencing principles of punishment, personal and general deterrence, she set a starting point of three years' imprisonment. For his early guilty plea nine months was deducted leaving a final sentence of 27 months imprisonment.

As for suspension, the judge stated that the principles for suspending a sentence as set out in Mounga favoured the defendant in part. He is young and cooperated with the police. However, he was a recidivist who had not taken the opportunity offered by his previous suspended sentences to rehabilitate himself. Further, he had not taken any steps to apologize to the complainant in person. That is most unfortunate as it plays a significant role in healing and restoring relations and often justice, she stated.

“For the reasons discussed, the defendant is entitled to a partially suspended sentence. I am willing to offer him a final opportunity to use the suspension offered here to rehabilitate himself in the hope he will turn his life around with the help of those who had taken time to write in support of him today. I suspend the final 12 months of the sentence for a period of two years on conditions.”

The defendant was then sentenced to two years and three months imprisonment. The final 12 months was suspended for two years on conditions, namely, that during the said period of suspension, he must not commit any offence punishable by imprisonment, report to the probation office within 48 hours of his release from prison and will be placed on probation. He is also required to complete an anger management or such other course as his probation officer may direct.

Failure to comply with any of those conditions may result in the suspension being rescinded in which case, the defendant will be required to serve the balance of his sentence. He is now serving 15 months' imprisonment.