Australia, Aug. 2 -- New South Wales Land and Environment Court issued text of the following judgement on July 2:

1. STERN JA: Between 9 and 14 March 2023, Valali Tonga, together with a number of other men, was an active participant in two joint criminal enterprises. The first involved an armed invasion, assaults and intimidation of the occupants and abduction of a 26 year old man, whom I will refer to as PV, from a home in Smithfield, Sydney (Smithfield house) in the early hours of 9 March 2023. The second involved the detention of PV at a house in Belmore, Sydney (Belmore house), for ransom, from around 6 am on 9 March 2023 until 5.15 pm on 14 March 2023 when PV was rescued by police. During this period of detention PV was kept in appalling circumstances and was subject to multiple serious assaults and threats of violence.

2. At the time PV was living at the Smithfield house with his then partner and her parents, brother and brother's girlfriend. None of Mr Tonga or his co-accused were known to PV at the time. Indeed, the intended target of the offences was Tran Dinh, who is referred to in some detail below and who appears to have been believed to have been wealthy and/or have access to drugs, and not PV.

3. Mr Tonga was arrested on 14 March 2023. He pleaded guilty to offences of specially aggravated break and enter and commit the serious indictable offence of intimidation in company and armed with a dangerous weapon contrary to s 112(3) of the Crimes Act 1900 (NSW) (sequence one), specially aggravated kidnapping with intent to hold for ransom in company and occasioning actual bodily harm contrary to s 86(3) of the Crimes Act (sequence two) and possessing an unauthorised pistol contrary to s 7(1) of the Firearms Act 1996 (NSW) (sequence seven). The first and second of these offences each carried a maximum penalty of 25 years imprisonment, sequence one attracted a standard non-parole period of 7 years and sequence seven attracted a standard non-parole period of 4 years.

4. On 6 December 2024, Mr Tonga was sentenced by Harris DCJ to an aggregate sentence, having regard to a reduction of 25% for his guilty plea, of 8 years and 6 months imprisonment with a non-parole period of 5 years and 4 months. He will be eligible for release on parole on 13 July 2028. The indicative sentences, taking into account the 25% reduction, were, 6 years and 9 months with a non-parole period of 4 years and 3 months for sequence one, 7 years for sequence two and 3 years with a non-parole period of 20 months for sequence seven.

5. Mr Tonga's sentencing hearing occurred on the same days, and before the same judge, as that of Mr Liavaa, one of his co-accused. Mr Liavaa also pleaded guilty to offences under ss 86(3) and 112(3) of the Crimes Act arising from the events of 9 to 14 March 2023. Mr Liavaa's sentence was identical to that of Mr Tonga and his indicative sentences and non-parole periods for sequences one and two of his offending were identical to those of Mr Tonga.

6. The Director of Public Prosecutions (the Crown) appeals against Mr Tonga's sentence under s 5D of the Criminal Appeal Act 1912 (NSW) on the ground of manifest inadequacy.

7. For the reasons set out below, the appeal should be dismissed.

Background

8. This summary of relevant background comes from the statement of agreed facts upon which Mr Tonga was sentenced. The statement of agreed facts uses the term "co-accused" or "offenders" when referring to the other males involved in the offending. For convenience I have adopted that language, but nothing in this judgment should be taken to suggest that any identified person (other than Mr Liavaa who also pleaded guilty to the charges against him) was in fact involved in the offending.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197c3374bf6e8146110e106d0)

Disclaimer: Curated by HT Syndication.