By Linny Folau
Sione Pailate was sentenced to 12-months imprisonment, fully suspended, for charges including possession of 0.88 grams of methamphetamine and drug utensils at Ha’ateiho.
Justice Cooper sentenced him on 20 September at the Supreme Court in Nuku’alofa.
Mr. Pailate was amongst five men who were arrested on the evening of 19 October 2023 in regards to possession of 0.88 grams methamphetamine and drug utensils.
The utensils were over 120 empty dealer packs and a pipe. When police raided the address they found Mr. Pailate holding three packets of methamphetamine and sitting on a mattress that concealed the empty dealer packets and the drug pipe.
The judge stated that he appeared before the Supreme Court for arraignment on 7 May 2024 and pleaded not guilty and the matter was set down for trial. Then on the morning of trial he indicated his wish to be re-arraigned and pleaded guilty to both counts.
On 20 September 2024 his case was listed for sentence. Because the Crown were recommending a fully suspended sentence and so as to bring to a conclusion this case and give him certainty, Mr. Pailate was sentenced on that day, albeit without a pre-sentence report.
The Crown in their indicative sentencing submissions had recommend the following; possession 0.88 grams methamphetamine, a starting point of 15-18 months’ imprisonment, possession of 128 dealer packs and a drug pipe a starting point of 9-12 months’ imprisonment.
The judge took into account the Crown’s submissions, the guilty plea, albeit at the door of court and the fact that Mr. Pailate was of previous good character.
For possession 0.88 grams methamphetamine, a starting point of 13 months’ imprisonment, discounted to 12 to reflect the late guilty plea. Possession of 128 empty ‘dealer packs’ and a drug pipe a starting point of five months reduced to four. The second count will run concurrent with the first. In arriving at those sentences, I have taken into account the number of separate packets of drugs involved and the overall weight.
“I have also had in mind the Mo’unga principles when considering the fact of his guilty plea and his previous good character,” Mr Justice Cooper stated.
The defendant was sentenced to 12 months’ imprisonment, fully suspended for two years on conditions, that he must report to probation within 48 hours of his release, live where directed, not to commit any offence punishable by imprisonment.
In addition he must complete a drug rehabilitation course as directed by probation and 60 hours of community punishment order, ordered the judge.
All drugs and paraphernalia were forfeited to be destroyed.
