A man convicted of common assault has had his appeal upheld in the Supreme Court.
On September 20 last year Siosiua and his brother Fonua Tauelangi attacked Fatai Lavaka. Last month they pleaded guilty and were convicted for the attack in the Magistrate’s Court and sentenced by Principal Magistrate Mafi.
Siosiua was sentenced to 12 months imprisonment with the final six months suspended.
Fonua was convicted of serious bodily harm and sentenced to six months imprisonment fully suspended on the condition that he performed 40 hours community work. The Crown is appealing against Fonua’s sentence.
Last week Siosiua appeared before Lord Chief Justice Paulsen to appeal against his sentence.
In his report on the case, the judge said Mafi said he had taken into account all of the mitigating factors presented on Siosiua’s behalf, but that Siosiua had initiated the assault and had an appalling record.
Counsel for Siosiua argued that the Magistrate imposed the maximum sentence upon Siosiua for the offence of common assault when this could not be regarded as the most serious offending of its kind.
Secondly, the Magistrate failed to take account of the mitigating factors.
Thirdly, there was an unjustified inconsistency between the sentences imposed upon Siosiua and his brother Fonua.
Mr Justice Paulsen said the Magistrate had erred in his sentencing and he would allow the appeal.
He declared that Siosiua was convicted and sentenced to six months imprisonment. He was to be given credit against the sentence for any time served.
The main points
- A man convicted of assault has had his appeal upheld in the Supreme Court.
- Siosiua Tauelangi appealed against a sentence of 12 months for common assault, with the final six months suspended.
- Mr Justice Paulsen declared that Tauelangi was convicted and sentenced to six months imprisonment. He was to be given credit against the sentence for any time served.