The Supreme Court has sentenced a man to 33 months in prison for a shooting that stemmed from a fight in a night club.
Justice Niu, presiding, sentenced Timote ‘Aho’atu for causing grievous bodily harm to Siaosi Na’a when he shot him with a pistol, injuring his right arm and chest.
Na’a gave evidence that two months before the shooting he and ‘Aho’atu had a fight in a night club on Vuna Rd.
Na’a told the court he hit ‘Aho’atu and this was why he sought him out and shot him with a pistol.
The incident occurred at Havelu on July 5, 2021.
The court was told that ‘Aho’atu went to the home of one Kemio Sika at Havelu where Na’a was and shot him in his right arm. The bullet travelled through his chest and lodged on the left wall of the chest. The bullet is still there.
The bullet missed the heart, lungs and major blood vessels and Na’a was discharged from hospital five days later.
‘Aho’atu admitted to the offence when he was arrested.
He told the police he threw the pistol into the sea at the Faua Wharf. Police were unable to find the weapon. ‘Aho’atu had no previous conviction, but had been deported from Australia for domestic violence in 2016.
In his summing up, Justice Niu said ‘Aho’atu had apologised to his victim and given him food and TP$200. The court was told Na’a had forgiven him and asked that he not be penalised.
In sentencing ‘Aho’atu, Judge Niu said he had completely disregarded the law.
“The law required you to complain to the police if you felt that the victim had unfairly and unlawfully done you wrong,” the judge said.
“That law prohibits you from punishing, or killing the person who has wronged you. If there was no such law then there would be lawlessness. There would be no law and order and there would be no freedom.
“Your sentence must reflect the complete rejection and condemnation by society of what you have done and the upholding of the law.”
The judge said the accused must take a course in anger management to avoid any repeat of the offence.
“It is clear that you had committed domestic violence overseas and had been sent back here because of your inability to control your temper,” the judge told ‘Aho’atu.
However, the judge said his sentence would be mitigated because he had shown he remorseful. He had apologised to the victim and pleaded guilty. He had co-operated with the police and demonstrated he would rehabilitate yourself.
‘Aho’atu was sentenced for causing grievous bodily harm, to two years and nine months imprisonment, a total of 33 months.
The final 18 months were to be suspended for a period of two years from the date of his release on condition that he lived and worked where the Probation Officer directed and did not commit an offence punishable by imprisonment during the period of suspension.
