The Supreme Court has reduced the sentences of two armed men who were jailed for invading and robbing a 60-year-old woman’s house.
The petitioners, Malakai Toka, 25, and Pita Domoni, 21, were charged alongside Lemeki Sauvutia Tavoli for aggravated robbery.
Court records show the victim, a retiree, lived with her husband who was not home on December 30, 2016, around 7pm. The accused persons lived on the same road.
In the gathering dark, the men pounced and pushed the woman back into her house. The intruders, wearing hand gloves, were seen wielding knives, a baseball bat and a pair of scissors.
Cash and overseas currency were taken from the complainant’s purse and one of the bedrooms. The items were valued at more than $13,000.
Before leaving the residence, the petitioners tied the victim’s hands behind her back and blindfolded her. She later managed to partially free herself and seek help from neighbours.
Tavoli, in October last year, had his petition heard, leading to adjustments to his sentence. His 13-year imprisonment term was varied to 10 years and six months, with a non-parole period of nine years.
Toka and Domoni, who were sentenced to 13 years with a non-parole period of 12 years, had their separate appeals against sentence rejected by the Appellate Court.
They turned to the Supreme Court seeking a reduction of their sentence in parity with Tavoli’s varied sentence.
Domoni said his time spent in remand was not fully and correctly taken into account to arrive at the actual time he should serve, while Toka submitted he should have received a lesser term because he was only the lookout for the robbery.
Justices Anthony Gates, Brian Keith, and William Young, after conducting their analysis, substituted the duo’s sentence with nine years and six months with a non-parole period of eight years.
