By Linny Folau
‘Aisea Pese Havea (42) is serving one year and eight months in prison for cultivation of cannabis plants seized at a home in Ha’ateiho by police officers, who were led there by a student who was reported to be in possession at Tonga College.
Justice Tupou sentenced him on 22 July at the Supreme Court in Nuku’alofa.
Earlier in May, he pleaded guilty to three charges cultivation of three cannabis plants, a class B illicit drug weighing 2300 grams, possession of 2.11 grams of cannabis, and possession of a utensil, home-made bong used for smoking illicit drugs He was also possession of ammunition without a licence, when he was found with four .22 bullets.
The judge stated that on 11 February this year, Police received a report that a student from Tonga College was found with cannabis leaves.
The Police attended the school at around 4:30pm that day. The student was with the Deputy Principal. The student volunteered that he picked the cannabis leaves from a taro plantation behind their home at Ha’ateiho. The taro plantation was on their neighbour, Joe's allotment. The Drugs Squad headed to Joe's home, where he was present with his wife and the defendant.
The taro plantation was at the back of the couple’s home. Next to it was a little shelter. Inside the shelter, where police saw the defendant lying on a bed.
The Police spotted three plants in the taro plantation that resembled cannabis plants. The defendant told Officer Feinga that they were marijuana plants and were his. He was notified that he will be charged with cultivation of illicit drugs.
Police continued the search of the defendant’s shelter and uncovered cannabis leaves inside a shoe and a home-made bong beside his bed. On the ceiling, another Officer named Tafea found a plastic bag with four .22 bullets inside. The defendant admitted the leaves, home-made bong and bullets were his. He exercised his right to remain silent.
On 24 February, the cannabis exhibits were tested all tested positive for cannabis. The plants weighed 2.3 kilograms and the leaves weighed 2.11 grams.
Meanwhile, the Crown submitted the aggravating features were: the substantial weight of the cannabis plants cultivated and illicit drugs in general, are an issue for society; the defendant's total disregard to exposing children to illicit drugs when cultivating it at home. He was also not a first-time offender.
His only mitigating features were his early guilty plea and co-operation with the Police. He also held no licence for the .22 bullets..
The judge stated that clearly, count one is the headcount and did not accept that the three offending plants weighing over two kilograms were for the defendant’s personal use.
“I consider the offending falls within the lower end for a small scale commercial purpose.” said the judge.
He also regarded the need to denounce and protect the youth and society from the spread and normalisation of the cultivation, supply and use of illicit drugs, and the need for specific and general deterrence, and fixed the starting points, that included count one of two years imprisonment.
Moreover, the defendant breached a six months suspended sentence. On 22 April, 2022, he was sentenced to two years’ imprisonment with the final six months suspended for two years, and according to the Prosecution, he was released on 4 September, 2023 from which the two year suspension started to end in September, 2025.
The judge added that on that account this offending was in breach of the condition of his prior sentence in that he was not to commit any offence punishable by imprisonment and the suspended six months from that sentence was activated and added on this sentence, resulting in a total of two years imprisonment.
The judge also read his references provided with his Pre-Sentencing report from the Probation Services.
“While being mindful of authorities that do not consider personal circumstances relevant when sentencing for drug offending and/or any suspension unless there are good reasons behind rehabilitation, I suspend the final four months of his sentence as a last opportunity for rehabilitation."
The defendant was cautioned that the court will be justified in refusing any suspension on any future offending.
He was then ordered to serve one year and eight months in prison. While, the illicit drugs and utensil are to be destroyed and the ammunition forfeited to Tonga Police.
