By Linny Folau
Samiu Langa’oi (42) was jailed for four months, for the destruction of evidence, when he crushed a cannabis plant from a bucket outside his house, and unlawful possession of drugs utensil in Leimatu’a, Vava’u.
Justice Tupou sentenced him on 20 September, 2024 at the Supreme Court Vava’u Registry, after pleading guilty to both counts.
On 24 February 2024, at around 8:44 am, Police were alerted about the defendant using illicit drugs at his home at Leimatu’a. The Police went to the defendant’s home. He was absent when the Police arrived but his wife, Toakase, was there with their three daughters.
The judge stated that allegedly, the defendant upon seeing the Police ran to pull out a cannabis plant from a bucket outside his house. As he ran he crushed the plant with his hands.
The Police cautioned Toakase, they would search the house for illicit drugs. While the search was conducted, the defendant returned. The search uncovered a smoking can in the defendant’s bedroom. He then voluntarily led the Police to where he crushed the cannabis plant. No residue of the plant could be found.
The bucket in which the cannabis plant was grown was found inside an old cement tank. After the search was completed, the defendant was arrested for destruction of evidence. The exhibits were seized and kept in police custody. He cooperated with the Police and admitted to the offending during his police interview. He has previous convictions.
The Crown considered the aggravating factors was him being repeated drug offender, the seriousness of the offending and his admission to cultivating the cannabis plant for his personal use. His mitigating features included his early guilty plea at the first available opportunity.
The judge stated that the Crown’s sentencing formulation were that Count 1 should be the head sentence with a starting point between 18 to 24 months imprisonment.
“For his early guilty plea, a deduction of eight months, resulting in a final sentence of 10 to 16 months imprisonment, partially suspended on the conditions that he is not to commit any offence punishable by imprisonment and to complete a life course with the Salvation Army or as directed by the Probation Officer on drug rehabilitation.
“The maximum statutory penalty for destruction of evidence is imprisonment not exceeding 15 years. While, the maximum statutory penalty for possession of utensils is a fine not exceeding $10,000 or imprisonment for a term not exceeding three years, or both.
“I agree with the Crown that the head count is Count 1. Having regard to the seriousness of the offending in Count 1, falling in the first Terewi category of growing cannabis in small quantities for personal use, that is one plant, the comparable sentences and principles of denunciation and deterrence, I set a starting point of 18 months imprisonment for the head count.”
“At the same time, the defendant is not young and is not a first time offender. The offending here was clearly premeditated. While two of his previous convictions occurred 20 years ago, he was convicted in 2021 for possession of illicit drugs where he was sentenced to three months imprisonment fully suspended,” stated the judge.
While two of the defendant’s previous convictions occurred 20 years ago, he was convicted in 2021 for possession of illicit drugs where he was sentenced to three months imprisonment. That sentence was fully suspended.
“Contrary to the highly favourable character references, the defendant’s conduct in this instant does not reflect an ideal role model to the community, youth or the children he is said to support. He ought to have thought about them before involving himself in the activities that has brought him before the Court today.
“Further, he has clearly not taken the opportunities this Court has offered him in the past to fully rehabilitate himself. However, I do acknowledge his co-operation with the authorities and pleading guilty at the earliest opportunity. They reflect steps towards taking responsibility for his actions.
“The Crown has agreed that the defendant was entitled to a partial suspension and in acceding to that position,” she stated.
The judge was willing to suspend the final six months of the head sentence for a period of 12 months on conditions in the hope that this time, he will take the opportunity for rehabilitation seriously.
The defendant was then sentenced to 12 months imprisonment, with the final eight months suspended, from the date of his release, for 12 months on conditions, that includes not committing any offence punishable by imprisonment, be placed on probation, and must complete an alcohol and drugs awareness course.
This meant he is serving four months in prison.
Failure to comply with the above conditions may result in the suspension being rescinded, in which case, he will be required to serve the balance of his sentence, ordered the judge.
