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R v Matangi [2025] TOSC 58; CR 34 of 2025 (8 July 2025)

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

CR 34 and 69 to 72 of 2025

BETWEEN:
REX
-Prosecution

AND:
[1] TANIELA MATANGI
[2] SHALINA KUMAR
[3] ‘ANA FIFITA
[4] MA’ATA NGAUE
- Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mrs T Vainikolo for the Crown Prosecution
The Defendants in Person
Date: 8 July 2025

1. THE CHARGES

1. On 27 March 2025, you Taniela Matangi in CR 34/2025 were arraigned and pleaded guilty to the following charges and a sentencing date was initially set for 19 May 2025:
   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 and 145(a) of the Criminal Offences Act.
2. On 15 May 2025, the Crown applied for the deferment of this sentence to be consolidated with the Defendant’s other matter being CR 69/2024 where he had indicated his intent to plead guilty to the charges there.
3. On 16 May 2025, the Defendants in CR 69 – 72/2025 were arraigned where they all pleaded guilty to their following respective charges:

Taniela Matangi

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) of the Criminal Offences Act.

100. Count 3: Serious Arson, contrary to section 177(1) and (3) of the Criminal Offences Act.

Shalina Kumar

4. Count 4: Receiving Stolen Property, contrary to section 148(1) and (5) of the Criminal Offences Act.

‘Ana Fifita

5. Count 5: Receiving Stolen Property, contrary to section 148(1) and (5) of the Criminal Offences Act

Ma’ata Ngaue

6. Count 6: Count 5: Receiving Stolen Property, contrary to section 148(1) and (5) of the Criminal Offences Act.
   2. CROWN SENTENCING SUBMISSIONS

4. On 3 July 2025, the Crown filed sentencing submissions to assist the Court.
5. Aggravating and mitigating submissions were submitted alongside the following comparable sentences:
   1. Rex v Tevita Fifita (CR74/2018)
   2. Rex v Penisiliti Malafu (unreported, CR133/2016, 29 March 2018, Cato J)
   100. Rex v Maikolo ‘Ealelei (CR162/2018)
   4. Rex v Kelikupa Maile (unreported, CR133/2019)
   5. R v Manu [2019] TOSC 11; CR152 of 2018 (25 January 2019)
   6. R v Sione Tu’ifua CR131/2022 (20 October 2023)
   7. Rex v Taulanga Siupeli Nonu CR101 of 2024
   8. R v Rodney Toki AC19/22
6. The Crown conclude their submissions by recommending the following sentences for each Defendant.

Taniela Matangi

7. Count 1: 3 ½ years and 18 months partially cumulative Count 3
8. Count 2: 3 years imprisonment to be served concurrently with Count 1.
9. Count 3: 18 months imprisonment should be cumulative.
10. In total, a sentence of 9 years imprisonment with the final 12 months suspended for 2 years on conditions.
    

Shalina Kumar

11. Count 4: 3 years imprisonment with the final 12 months suspended for 2 years on conditions
    

‘Ana Fifita

12. Count 5: 3 years imprisonment with the final 6 months suspended for 2 years on conditions
    

Ma’ata Ngaue

13. Count 6: 16 months imprisonment with the final 4 months suspended for 2 years on conditions
    
    100. PRESENTENCE REPORT
14. A presentence report was ordered for 3 Defendants. The Probation Office filed report for Matangi on 14 May 2025, for Ma’ata on 30 June 2025 and ‘Ana on 01 July 2025.
15. The reports filed, detailed each Defendant’s upbringing, personal history, and factors in relation to the offending in these proceedings.
16. For you Shalina, I am told by Probation Office that you failed to show up and they could not contact you therefore No Report was possible.
    

Taniela Matangi

17. You are 38years old, the sixth child of 12, and single. You dropped out of school at an early stage due to financial problems. You have no known health issues; you are a member of the Free Wesleyan Church, but you have not been an active member lately.
18. A custodial sentence is recommended by the Probation Officer.
    

‘Ana Fifita

19. You are the youngest of 5, unmarried but you have a 5-year-old son. You have no known health issues, are unemployed but you help out with your sister’ seafood market at Patangata.
20. The Probation Officer recommends a partial suspension on your sentence on appropriate conditions.
    

Ma’ata Ngaue

21. You are the fourth child of 10, a mother of 3 children and now separated from your second husband due to domestic violence and involvement in criminal activities. You are found to be generally healthy with no health-related problems.
22. You did not complete secondary school due to financial difficulties, so you provide for your family financially by selling crops at the local market.
23. The Probation Officer recommends a direct custodial sentence.
    
    4. CR 34/2025

1. Background

24. You, Taniela Matangi in on or about a Sunday in September last year when the Complainant left to attend church, broke into her home in Longolongo and stole items to the total value of TOP$18,765, USD$4150 & NZD$8,120.
25. You were apprehended after a child living near the Complainant’s residence giving your description to Police and reporting that you had left in a neighbour’s vehicle then dropped off to a residence in Popua.
26. The description led Police quickly to you as you are a notorious offender.
27. To your credit, on your arrest you disclosed the location of the stolen items which you had hidden in the Complaint’s earth oven shed.
    

2. Starting Point

28. In your case, I take Count 1 for Serious Housebreaking as the headcount and impose a starting point of 5 years imprisonment, minus 12 months for your guilty plea leaving a remaining period of 4 years imprisonment.
29. For Count 2, I impose a sentence of 3 years imprisonment concurrent to Count 1.
    
    5. CR 69 to 72/2025

1. Background

30. The Complainant in this case where there are four Defendants in total, is the same as the Complainant in CR 34/2025 where you Matangi stole from the same residence on your own.
31. Around Sunday again in February 2025, at the Complainant’s residence in Longolongo, you, Taniela entered the residence where you stole items to the total value of $40,600 whilst you Shalina and ‘Ana remained in the vehicle. All the items were cultural tapa and mats of high monetary and cultural value.
32. You Taniela then set a fire in one of bedrooms, exited the house and once the items were loaded into the vehicle, told Shalina and Ana to leave, and they left to Kolomotu’a.
33. Taniela, you made various attempts at trying to sell some of the stolen items and were unsuccessful until you sold 2 white mats to the fourth Defendant, Ma’ata.
34. Each of you admitted to your involvement to Police except with you Ma’ata who stated you would only speak in Court. I am further told that you all have previous convictions.
35. I deal with each of you in turn; and I am grateful for the helpful submissions from the Prosecution and the Probation Office on each Defendant’s personal history however as I have reiterated in previous cases, each case must be decided on its own particular facts.
    

2. Starting Point

Taniela Matangi

36. In your case Taniela, I take Count 3 of Serious Arson as the most serious offence and make that the head count. I impose a starting point of 7 years imprisonment. In view of your early guilty plea and cooperation with the police to reduce your sentence on this count by two years making a total of 5 years imprisonment.
37. Count 1 of Serious House-Breaking is a very serious matter because what you must have known that the occupant, the wife of a Minister at the Free Wesleyan Church would not be at home, but at church at the time you broke into the house. I sentence you on that Count to five years imprisonment but give you an 18-month reduction leaving 3 ½ years of which 18 months must be served consecutively to the sentence I have just imposed on Count 3. The remaining 24 months is to be served concurrently to Count 3.
38. On Count 2, Theft, the sentence is 4 years with the 12 months reduction leaving 3 years however that must be served concurrently to Count 3.
39. The upshot is that you will serve 6 ½ years imprisonment.
40. I have to consider whether and to what the extent the sentence in relation to your first burglary on the same property should be, consecutive or concurrent. What is serious about the matters is that both offences were very close together in time and indeed you were on bail at the time that you committed these offences.
41. I agree with the Prosecution that you have displayed a complete disregard for the law, you do have a propensity to reoffend and as to rehabilitation, the prospects are modest to say the least however, having regard to the totality principle, I have decided that a total sentence in your case should be one of 8 years imprisonment, that means that in relation to the sentences of 6 ½ years you must serve a further 18 months from your first offending in CR34/2024 and the remaining balance to be concurrent.
42. The upshot is that you will serve 8 years imprisonment in which I suspend the last 12 months for a period of 2 years on conditions.
    

Shalina Kumar

43. You are to be sentenced for Count 4 of Receiving Stolen Property. This is a serious matter, the mats in question were very valuable and of cultural importance. My starting point in your case is 4 years imprisonment which I reduce by 12 months leaving 3 years.
44. I have considered the question of suspension in your case having regard to the leading case of Mo’unga. You are not young and you have multiple convictions, but you did cooperate with the Police and you pleaded guilty at the earliest opportunity in your case. Therefore, I order the final 6 months of your sentence be suspended for two years on conditions.
45. The sentences you will serve is 2 ½ years imprisonment followed by 6 months suspended for a period of two years on conditions.
    

Ana Fifita

46. The starting point in your case is one of 4 years imprisonment reduced by 12 months to take account of your guilty plea. Having regard to the the possibility of future rehabilitation, I suspend 6 months of that sentence for two years on conditions.
47. The upshot is that you will serve 2 ½ years followed by 6 months suspended for a further two years unusual conditions.
    

Ma’ata Ngaue

48. In your case, the starting point is 2 years with an 8 month reduction for your guilty plea and cooperation with the police resulting in 16 months imprisonment remaining.
49. As to suspension, you are not old being 42 years of age, you have a large number of previous convictions but again you pleaded guilty and cooperated with the Police, and a modest suspension of 4 months in your case is appropriate.
50. That means that you will serve 12 months immediately followed by 4 months suspended for two years on conditions.
    
    6. FINAL RESULT

1. Taniela Matangi

CR 34/2025

51. Count 1: 4 years imprisonment
52. Count 2: 3 years imprisonment concurrent to Count 1
    

CR 69/2025

53. Count 1: 3 ½ years imprisonment with 18 months to be served concurrent to Count 3 and the remaining 24 months to be concurrent.
54. Count 2: 3 years imprisonment concurrent to Count 3.
55. Count 3: 5 years imprisonment
56. I further take 18 months from the sentence imposed in CR 34/2025 to be served consecutively to the sentence here in CR 69/2025.
57. For the avoidance of doubt, the Defendant will serve a total period of 8 years imprisonment with the last 12 months suspended for 2 years on the following conditions:
    1. You must not commit any further offence punishable by imprisonment.
    2. You must report to the Probation Office within 24 hours of your release from custody
    100. You must live where directed by the Probation Office
         

2. Shalina Kumar CR 70/2025

58. Count 4: 3 years imprisonment with the last 6 months suspended for a period of 2 years on the following conditions:
    1. You must not commit any further offence punishable by imprisonment.
    2. You must report to the Probation Office within 24 hours of your release from custody
    100. You must live where directed by the Probation Office
         

3. Ana Fifita CR 71/2025

59. Count 5: 3 years imprisonment with the last 6 months suspended for a period of 2 years on the following conditions:
    4. You must not commit any further offence punishable by imprisonment.
    5. You must report to the Probation Office within 24 hours of your release from custody
    6. You must live where directed by the Probation Office
       

4. Ma’ata Ngaue CR 72/2025

60. Count 6: 16 months’ imprisonment with the last 4 months suspended for a period of 2 years on the following conditions:
    7. You must not commit any further offence punishable by imprisonment.
    8. You must report to the Probation Office within 24 hours of your release from custody
    9. You must live where directed by the Probation Office