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Regina v Sisi [1949] TongaLawRp 2; [1908-1959] Tonga LR (25 November 1949)

[1908-1959] 1 Tonga LR 51

SUPREME COURT OF TONGA
CRIMINAL JURISDICTION

REGINA

v

SISI

(Carew, C.J.) There seems to be an unexplained inconsistency in the law on this subject; that is to say incest between cousins.

Before 1935 the law of incest was the same as in England; but in 1935 the law of Tonga on the subject was amended to make sexual intercourse between certain first cousins an offence classified as incest.

The relationship included is that between a man and his mother's brother's daughter, and between a woman and her father's sister's son.

Sexual intercourse between persons so related is not an offence, but between other first cousins it is now illegal and prohibited and punished as incest.

In view of this inconsistency I find it difficult to estimate the gravity of the offence to which the accused has pleaded guilty.

If instead of choosing his father's brother's daughter he had selected his mother's brother's daughter he would have been guiltless.

I do not feel justified in imposing a heavy Sentence.

The accused is fined 10 pounds in default one months imprisonment.

CAREW, CJ.