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R v Lausi'i [2025] TOSC 72; CR 87 of 2025 (5 September 2025)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY
CR 87 of 2025

BETWEEN:
REX
- Prosecution

AND:
VILI LAUSI’I
- Accused

SENTENCE

BEFORE: HON. LORD CHIEF JUSTICE BISHOP KC

Appearances: Mr A Fisi’iahi for the Crown Prosecution
The Defendant in Person
Date: 5 September 2025

1. THE CHARGES

1. The Defendant was arraigned on 27 June 2025, where he pleaded guilty to the only charge on the indictment:
   1. Count 1: Presenting a Loaded Firearm within Range, contrary to section 109 of the Criminal Offences Act when on or about 19 December 2024, you with the intent to intimidate presented a loaded firearm within range, when you pointed a loaded .22 semi-automatic rifle at Isaac Liu and Vikatolia Liu who were within range.
      
      2. CROWN SENTENCING SUBMISSIONS
2. The Crown filed sentencing submissions to assist the Court on 2 September 2025.
3. Aggravating and mitigating factors were including with the following caselaw in support:
   1. Rex v Lolohea [2025] TOSC 42
   2. Rex v Palu [2025] TOSC 41
4. The Crown recommend the following sentence:
   1. Count 1: 12 months imprisonment and the final 6 months to be suspended for 2 years on conditions.
      
   100. PRESENTENCE REPORT & MITIGATION PLEA
5. A presentence report was ordered for the Defendant. The report filed on 8 August 2025 detailed the Defendant’s upbringing, personal history and factors in relation to the offending in this proceeding.
6. You are 46 years old, a husband and father of two children and you quit school early to take care of responsibilities for your family. You have no health-known issues and is known to be generally healthy.
7. You were seen to be remorseful of your actions and showing positive changes to make amendments for your behaviour. You are identified as a good citizen for being a reliable and hardworking individual for the benefit of his family and communities.
8. The Probation Officer recommends a fully suspended sentence on appropriate conditions.
9. Learned Counsel on your behalf filed sentencing submissions this morning which I have considered. According to your counsel, you were assisting the Police Community in safe guarding valuable items collected by the community that evening. Alongside supporting caselaw and mitigating factors he submits that the proper sentence is 12 months imprisonment but to be fully suspended for 2 years on conditions.
   
   4. DISCUSSION
10. On 19 December 2024 at about 10 to 11pm, the Complainant and her family were driving in Lapaha at the intersection turning to head to the Taufa’ahau Road when you drove past, abruptly stopped their vehicle and pointed a gun at them with anger shown on your face.
11. The Complainant’s husband reversed quickly and drove home where they parked outside their home, fearful of exiting the vehicle as you had followed them home and continued to point the gun at their vehicle.
12. The Complainant’s mother shouted out to you asking you why you were doing this, but you remained silent. You left shortly after when the Complainant’s father returned home.
13. The Complainant lodged her complaint at Mu’a Police Station where the Police conducted a search and found you at the bus station across the Catholic Church at Lapaha. You were sitting there with a .22 rifle semi-automatic rifle. Police arrested you and your firearm was seized where it was discovered that the rifle was loaded with 8 bullets.
14. What is particularly serious about your case is that this offending arose with no provocation and out of your own volition you chose to approach the Complainant and her family then proceeded to follow them home with your loaded rifle pointed at their direction. It may be said that you were part of an additional patrol group assisting community policing having been worried about thefts occurring at the church. I can only speculate that you thought the occupants of this vehicle were potential thieves, even if your suspicion was justified, it is no excuse for pointing a loaded firearm in their direction causing them to be fearful and I would imagine, terrified.
15. I note that your counsel further states, as soon you realised they were your family, you ceased and lowered your firearm.
16. To their credit, the Complainant and her family have forgiven you and do not wish to have anything further to do with these proceedings but I have difficulties in light of the increase of firearms in the Kingdom, there is an increase of negative use of arms in society and the Courts have a duty to deter such behavior from re-occurring.
17. For these reasons, I impose a starting point of 18 months imprisonment. In view of your early guilty plea, I reduce your sentence by 6 months resulting in 12 months imprisonment.
18. I have considered the principles of Mo’unga in relation to any applicable suspension in whole or in part of your sentence. You are not young, you have previous convictions however your guilty plea and your family and community support demonstrate possibility in a high degree of the likelihood of rehabilitation.
19. I have decided that I can take a compassionate view of what you did and reduce the term of imprisonment.
20. I have considered the comparable cases submitted by Prosecution, the case of Lolohea and Palu, but each case must be decided on its own. In these comparable, it was stipulated starting point was 5 years. But as I indicated, each case must be decided on its own particular circumstances.
21. I suspend the last 9 months of your sentence for a period of 2 years on conditions. Should you breach any of these conditions within the 2-year timeframe, your suspended sentence will be activated and served in full.
    
    5. FINAL RESULT
22. For Count 1, I impose a sentence of 12 months imprisonment with the final 9 months suspended for 2 years on the following conditions:
    1. You must not commit any offences punishable by imprisonment.
    2. You are placed on Probation.
    100. You must report to the Probation Office within 48 hours of being released from custody
    4. You must complete a course with the Salvation Army at the direction of the Probation Office on Anger Management within your suspended period.
23. For the avoidance of doubt, you will serve 3 months imprisonment, followed by 9 months of suspended sentence for 2 years on conditions.
24. I further order the rifle and ammunitions in these proceedings are forfeited to Tonga Police pursuant to section 37 of the Arms and Ammunitions Act.
25. That is the order of the Court.