R v Tonga

In the High Court of New Zealand, Fitzgerald J sentenced Shane Monu He Fotu Tonga to four years and eight months’ imprisonment on one charge of wounding with intent to cause grievous bodily harm. The Crown and the defence both submitted arguments on the appropriate starting point for the sentence, the adjustment for personal factors, and the discount for the defendant's guilty plea. The defendant's personal circumstances and the prison environment were also considered. The court considered the totality of the defendant's offending and decided on a sentence of four years and eight months’ imprisonment, to be served cumulatively on his existing sentence. As it was a second-strike offence, the defendant must serve the sentence without parole. The court also imposed a 50 per cent minimum period of imprisonment.

The court found that the defendant's offending involved extreme violence over a prolonged period, with the use of weapons, and was gang-related. The starting point was set at eight years and six months’ imprisonment, slightly less serious than that of one of the co-defendants. The court considered the defendant's prior convictions and determined an uplift of six months was warranted, taking into account the three-strikes legislation. The court did not grant any further discounts for personal matters or the prison environment, as they did not affect the defendant's moral culpability for the offending. The court applied a 20 per cent discount for the defendant's guilty plea, considering the practical difficulties in communicating with him and the strength of the prosecution case. The final sentence was adjusted for totality reasons, taking into account the defendant's earlier offending and the need to ensure the total period of imprisonment was not out of proportion to the gravity of his overall offending.