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R v Vea [2024] TOSC 110; CR 79 of 2023 (5 December 2024)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY

CR 79 of 2023

BETWEEN:

REX

-Prosecution

AND:

SIOSIO MALOHI VEA

-Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mrs E Lui for the Crown Prosecution

The Accused in Person

Date: 5 December 2024

THE CHARGES

1. On 23 August 2024, the Accused pleaded not guilty the following charges:
   1. Count 1: Money Laundering, contrary to section 17(1)(a) & (b)(ii) of the Money Laundering and Proceeds of Crime Act.
   2. Count 2: Receiving Stolen Property, contrary to section 148(4) and (5) of the Criminal Offences
2. On 18 September 2024, trial for the Accused commenced and the Court found him guilty of the indictment on 20 September 2024.
3. The Accused now appears for sentencing in which I now proceed to.
   

CROWN SUBMISSIONS

4. The Crown filed their sentencing submissions on 13 November 2024 to assist the Court, alongside a Victim Impact Report from the complainant company.
5. Aggravating and mitigating factors were submitted with the following caselaw:
   1. R v Fainga’a (Unreported, CR 195 of 2021)
   2. R v Tauvaka (Unreported, CR 16 of 2021)
   100. Valikoula v R (Unreported, AC 9 of 2020)
   4. R v Pousini (2017 TOSC 22)
   5. R v Tohifolau (2012 TOSC 62)
6. The Crown recommend a custodial sentence. In Count 1, 4 years imprisonment with the last 6 months suspended for 2 years on conditions, in Count 2, 2 ½ years imprisonment to be served concurrent to Count 1.
   

PRESENTENCE REPORT

7. A presentence report was received from the Probation Office on 19 November 2024.
8. This report detailed the Accused’s personal history factors in relation to the offending and their recommendation on sentencing.
9. The Probation Officer recommends the Accused serve a partly suspended sentence on the conditions; to be placed on probation, not to commit any offence punishable by imprisonment and to undertake counselling as directed by the Probation Office.
10. I take the contents of this report into account in considering the Accused’s sentence.
    

DSCUSSION

11. You were found guilty after trial of money laundering and receiving stolen property together with your wife where a motor car was rented in monthly payments and then proceeded to transport the car from Australia to Tonga. This was premeditated.
12. Your behaviour caused the rental company considerable loss, not only in the loss of revenue with the rental car but also caused them to change their verification process at considerable inconvenience both to them and respective customers.
13. You continued to maintain your innocence although I note the amount of time for you to appeal my judgement finding you guilty has also lapsed.
14. Money laundering is a serious and growing offence, every user of the financial service system will now have to withstand considerable and sometimes intrusive investigations into a user’s personal finances like seeking a loan or a rental car.
15. In Tonga, this is a very rare for this type of offence to occur and it is therefore necessary to mark what you did in such a way as to deter others from such offending.
16. I treat you as man with no previous convictions, I have regard to the Victim Impact Statement from the manager of the losing company, in addition I have considered the comparable case set out by the prosecution although, each case must be decided on its own merits.
17. I take Count 1 of Money Laundering as the more serious charge, and I consider it appropriate to pass an immediate custodial sentence of 4 years imprisonment as a starting point. I deduct 2 years from that starting point by way of mitigation for your previous good character leaving a remaining 2 years.
18. Turing to the question of suspension, I am satisfied that the criteria set out by the Court of Appeal in Mo’unga, do not apply here in it’s entirety. You are not young, you have until very recently shown your remorse but on the other hand, the vehicle has been recovered, and I doubt the risk of you re-offending is high. Further, this is the first time you will face a custodial sentence, accordingly I suspend the final 12 months of your sentence.
19. The upshot is you will serve 12 months in custody followed by a suspended term of 12 months for a period of 12 months on conditions.
20. Turning to Count 2 of the indictment, I take 3 ½ years as the starting point, I reduce by 2 years to 18 months by way of mitigation and suspend the last 6 months of that sentence for 12 months on conditions to be served concurrently to Count 1.
21. I had in mind to reduce your sentence significantly before I read your letter handed over today because I accept you are now although very late, remorseful.
    

FINAL RESULT

22. For Count 1, I impose a sentence of 2 years imprisonment with the last 12 months suspended for 12 months on the following conditions;
    1. You must not commit any offence punishable by imprisonment.
    2. You must report to the probation office within 48 hours of your release from custody.
    100. You must be placed under probation during the duration of your suspension.
    4. You must complete a course on life skills at the direction of the Probation Office within 12 months.
23. For Count 2, I impose a sentence of 18 months’ imprisonment with the last 6 months suspended for 12 months on the same conditions in Count 1 and to be served concurrently to Count 1.
24. I further order that the vehicle is returned to the complainant company, Ride Solutions Ltd.
    

NUKU’ALOFA

HON. MALCOLM BISHOP KC

LORD CHIEF JUSTICE

5 December 2024