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R v Vete [2024] TOSC 90; CR 154 of 2024 (12 November 2024)

BETWEEN:

REX

-Prosecution

AND:

SIAOSI HALAHOLO VETE

-Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mrs E Lui for the Crown Prosecution

The Accused in Person

Date: 12 November 2024

THE CHARGES

1. On 24 September 2024, the Accused pleaded guilty to the following charge
   1. Count 1: Serious Housebreaking, contrary to section 173(1)(b) and (5) of the Criminal Offences Act.
   2. Count 2: Theft, contrary to section 143(a) and 145(b) if the Criminal Offences Act
   100. Count 3: Theft, contrary to section 143(a) and 145(b) if the Criminal Offences Act
2. The Defendant now appears before me today for sentencing of those charges.
   

CROWN SUBMISSIONS

3. The Crown filed their sentencing submissions 11 November 2024.
4. Aggravating and mitigating factors were submitted with the following case authorities in reliance:
   1. Rex v Tupa [2017] TOSC 35
   2. Rex v Malafu (133 of 2016)
   100. Rex v ‘Ealelei (CR 162 of 2018)
   4. R v Mahe [2021] TOSC 30
   5. R v Vaiangina [2022] TOSC 54
   6. R v Kolomalu [2012] TOSC
5. The Crown submit the same position for sentencing as previously submitted in their Indicative Sentencing Submissions;
   1. Count 1 (head sentence) – 2 ½ to 3 years imprisonment
   2. Count 2 – 2 to 2 ½ years imprisonment concurrent to Count 1
   100. Count 3 – 2 ½ years to 3 years imprisonment, 12 months to be partially cumulative to Count 1.
        

PRESENTENCE REPORT

6. A presentence report was filed from the Probation Office on 5 November 2024 with details of the Accused’s personal history, his version of the offending and their recommendation on sentencing.
7. The Probation Officer recommended a fully suspended sentence for the Accused with conditions if he is willing to treat his methamphetamine addictions.
8. I take the contents of this report into account in considering the Accused’s sentence.
   

DSCUSSION

9. Siaosi Halaholo Vete, you have pleaded guilty to 3 offences of serious housebreaking and theft on two occasions.
10. While the owner of the property in question was abroad you took the opportunity to break into their home and steal goods on two occasions. The first instance to the value of $16,000 and the second to the value of $30,798. Much of the goods has not been recovered.
11. What is singularly reprehensible about your conduct was that the property in question was the home of your sister who was away with her husband at the time.
12. It is said that you behaved in this way to pawn the goods to feed your methamphetamine habit. That is a common occurrence among drugs users but of course it is no defence and in my view no mitigation.
13. In addition, you have previous convictions though none for theft. I have paid careful attention to the cases helpfully cited by the prosecution, they are of course helpful guidelines, but I have to decide each case on its own particular facts.
14. In your case the amount of property involved $16,000 and $30,798 was a substantial amount and much of the property remains unrecovered.
15. To their credit the losers your sister and her husband I am told have forgiven you for what you did. That is to their credit, and I bear it in mind in determining whether to suspend part of the custodial sentence which in your case I consider inevitable.
16. Since what you did was part of a concerted enterprise, I do not consider it appropriate to differentiate the terms which I deem appropriate on each count, my starting point therefore is 3 years and 6 months which I reduce by 12 months in light of your early guilty plea and a further six months to acknowledge the attitude of the losers and the prospects which that suggest may lead to a repair of family relations.
    

FINAL RESULT

1. For the charges on the indictment of one count of serious housebreaking and two counts of theft, I sentence you to a term of 2 years imprisonment with the last 6 months suspended for 6 months on the following conditions:
   1. You are not to commit any further offence punishable by imprisonment
   2. You are to be placed under probation during the term of your suspended sentence
   100. You are to report to the Probation Office within 24 hours of your release from custody.
   4. You are to live where directed by the Probation Officer
2. For the avoidance of doubt, the Accused will serve 18 months of imprisonment, then 6 months of a suspended sentence on the conditions mentioned above.
   

NUKU’ALOFA HON. MALCOLM BISHOP KC

12 November 2024 LORD CHIEF JUSTICE