R v Tonga

Case [2025] NSWCCA 100


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: R v Tonga [2025] NSWCCA 100
Hearing dates: 21 May 2025
Date of orders: 2 July 2025
Decision date: 02 July 2025
Before: Stern JA at [1];
Cavanagh J at [65];
Rigg J at [139]
Decision:

The Crown’s appeal under s 5D of the Criminal Appeal Act 1912 (NSW) is dismissed.

Catchwords:

CRIME – appeals – crown appeal – offences of specially aggravated break and enter and commit the serious indictable offence of intimidation in company and armed with a dangerous weapon and specially aggravated kidnapping with intent to hold for ransom in company and occasioning actual bodily harm – whether the offender’s subjective case warranted the sentence – where the sentence was clearly lenient but was not an affront to the administration of justice and did not risk undermining public confidence in the criminal justice system – no manifest inadequacy

Legislation Cited:

Crimes (Sentencing Procedure Act) 1999 (NSW), s 3A

Crimes Act 1900 (NSW), ss 86(3), 112(3)

Criminal Appeal Act 1912 (NSW), s 5D

Firearms Act 1996 (NSW), s 7(1)

Cases Cited:

AA v R [2024] NSWCCA 132

Aryal v R [2021] NSWCCA 2

Barbaro v The Queen; Zirilli v The Queen (2014) 253 CLR 58; [2014] HCA 2

BP v R [2010] NSWCCA 159; (2010) 201 A Crim R 379

Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54

Franklin v R [2018] NSWCCA 245

Gillard v The Queen (2003) 219 CLR 1; [2003] HCA 64

Green (a pseudonym) v R [2018] NSWCCA 146

Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49

He v Sun (2021) 104 NSWLR 518; [2021] NSWCA 95

Hiliv The Queen (2010) 242 CLR 520; [2010] HCA 45

JM v R [2014] NSWCCA 297; (2014) 246 A Crim R 528

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37

Kirby v R [2021] NSWCCA 162

Kliendienst v R [2020] NSWCCA 98

Lee v R [2023] NSWCCA 70

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

Nabalarua v R [2020] NSWCCA 68

Nguyen v The Queen (2016) 256 CLR 656; [2016] HCA 17

O’Brien v R [2023] NSWCCA 41

Portnoy v R [2025] NSWCCA 60

R v Campbell [2014] NSWCCA 102

R v Dinh [2010] NSWCCA 74; (2010) 199 A Crim R 573

R v Evans (No 3) [2017] NSWSC 1523

R v JW (2010) 77 NSWLR 7; [2010] NSWCCA 49

R v Sukkar [2011] NSWCCA 140

Sarhene v R [2022] NSWCCA 79

Tammer-Spence v R [2013] NSWCCA 297

TM v R [2023] NSWCCA 185

Veen v The Queen (No 2) (1988) 164 CLR 465

Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64

York v R [2025] NSWCCA 81

Category:Principal judgment
Parties: Rex (Crown)
Valali Tonga (Respondent)

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R v Tonga [2025] NSWCCA 100
Case
[2025] NSWCCA 100
Decision Date

CaseChat Overview and Summary

The case of R v Tonga was heard in the High Court of Australia. The appellant, Tonga, was convicted of several serious offences, including specially aggravated break and enter and commit the serious indictable offence of intimidation in company and armed with a dangerous weapon, as well as specially aggravated kidnapping with intent to hold for ransom in company and occasioning actual bodily harm. The court was tasked with determining whether the sentence imposed by the lower court was appropriate, particularly given the severity of the offences committed.

The primary legal issue before the court was whether the sentence imposed on the appellant was manifestly inadequate. The Crown appealed the sentence, arguing that it was too lenient considering the nature and gravity of the crimes. The court needed to consider whether the sentence was an affront to the administration of justice and whether it risked undermining public confidence in the criminal justice system.

In delivering the judgment, the High Court acknowledged the gravity of the offences but found that the sentence, while lenient, was not manifestly inadequate. The court reasoned that the subjective circumstances of the offender warranted the sentence, and it did not amount to an affront to the administration of justice or risk undermining public confidence. The appeal was therefore dismissed, and the original sentence was upheld.

The High Court concluded that the sentence, while lenient, was not so low as to be manifestly inadequate. The court's decision affirmed the importance of considering individual circumstances in sentencing, even in cases of serious crime. The final orders of the court were that the appeal be dismissed, and the original sentence be upheld.

Orders

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Background

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Decision

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