By Linny Folau

Nofo Lata He Lotu Fasi (29) is serving two years and four months imprisonment for three counts of serious housebreaking an theft of over $200,000 cash and loud speakers from a warehouse belonging to Luna'eva & Sons Company Limited in Malapo in February this year.

Justice Garlick sentenced him on the counts that included two for theft on 4 September at the Supreme Court in Nuku’alofa. This was after he pleaded guilty to all charges in July.

The offences were committed on Sunday, 16 February 2025, the defendant broke into the warehouse and broke into a safe and stole cash to the value of $272,104.70 pa’anga. He also stole two loudspeakers, jointly valued at about $500. On the following day, police officers arrested the defendant at his bush allotment. They searched the premises and found $253,925.15 in cash in a bag. They also found the loudspeakers.

In an email dated 20 August 2025, Ms Lavinia Puamau detailed the damage caused at the warehouse by the break-in and the financial loss that was incurred as a result of the damage caused to the warehouse, which exceeded $20,000. On 24 February, the defendant was interviewed by the police, and he admitted the offence and cooperated with the police.

He has previous convictions that included one in 2023 for housebreaking and one of theft. He was then sentenced on both counts to serve six onths imprisonment sentence concurrently, with the final three months suspended for one year, and backdated to the date of his first remand on 14 May 2023.

The judge stated that the maximum sentence for serious housebreaking is imprisonment for seven years. The maximum sentence for the offence of theft of an item which doe not exceed $10,000 in value is imprisonment for three years. The maximum sentence for the offence of theft of an item which exceeds $10,000 in value is imprisonment for seven years.

The Crown submitted the aggravating factors was the considerable value of the stolen items (cash and a Logitech speaker) in Count 1 ($272,154.70) with the added value of the Hannon Kardon speaker, altogether amounting to $272,647.21.

“The offending was intentional and pre-mediated illustrated by his choice to conduct the break-in at night, targeting a company warehouse and preparing multiple bags to store the stolen items. Moreover, the vandalism shown by the accused and the damages to security equipment stated in the report from the complainant, Luna'eva & Sons Company Limited, which was enclosed.

“He had also not offered any formal apology to the complainant and has previous convictions for housebreaking and theft, where he was sentenced to serve an imprisonment sentence for those offences in 2023.”

Mitigating factors included his guilty plea at the earliest opportunity. He also cooperated with the Police and aided in the investigation, which led to the recovery of a substantial amount of the stolen cash ($253,925.15) and the speakers.

The court heard from his pre-sentence report that he had expressed remorse for his offences. He blamed his offending on the fact that he was intoxicated and on his lack of income. He was assessed to be in a moderate risk of re-offending and it was recommended that he receive a partially suspended sentence of imprisonment.

The judge after having regard to the submissions made on behalf of the Crown and by the defendant, ruled that the sentences will run concurrently with each other, and any time spent in custody on remand will count towards time served by the defendant.

The defendant was then sentenced to 40 months imprisonment. The Crown accepted it was appropriate in this case for the court to consider suspending part of the sentence of imprisonment.

“The case of Mo’unga remained the most important case on this subject, and gave clear guidance as to the approach that the court should adopt. The overriding question that should be considered by the sentencing court is the likelihood of rehabilitation of the defendant. I am satisfied that in this case there is a reasonable probability that the defendant will be rehabilitated during his time in custody, and that the imposition of a partially suspended sentence will assist that process of rehabilitation,” he stated.

The judge then reached the conclusion that in this case it was just and proportionate that the final 12 months of the sentence of imprisonment should be suspended for two years on conditions. This includes committing any offence punishable by imprisonment. In addition, time spent in custody whilst on remand will count towards time served, he ordered.

The defendant is now serving two years and four months in prison.