By Linny Folau
‘Oto Langafo’ou Loloa (35) is serving 18 months in prison for two charges that included possession of 1238.71 grams of cannabis leaves and seeds, after police were informed that he was selling from his residence in Fua’amotu.
Lord Chief Justice Bishop sentenced him on 30 July at the Supreme Court in Nuku’alofa. This was after he pleaded guilty to both charges that included possession of utensils namely 1200 empty packs in June.
The offences were committed on 4 March this year, when the Drugs Enforcement Unit acted on reliable information that the defendant was selling the illicit drug at his residence. When they approached his residence they saw his vehicle leaving his home. They stopped the vehicle and arrested him and his wife. A quick search conducted of the car identified a black plastic bag on the floor of the back seat. From here, Police continued to conduct a search of his house.
“To his credit, he voluntarily cooperated with Police at this time after being cautioned that he has the right to remain silent by admitting to Police the suspected cannabis leaves in the car was his. He further told Police before they searched his residence that there are illicit items in his house and willingly showed them where this was located.”
The Lord Chief Justice stated that as a result of the search, Police tested the suspected cannabis leaves found in his vehicle and leaves and seeds at his residence where it was confirmed to be cannabis and the total weight was that reflected in count one.
It was recommended from the Probation Officer for the Court to consider a partial suspension on the condition of completing an alcohol and drug awareness course with the Salvation Army to assist with his rehabilitation, or a fully suspended sentence on conditions to complete community work, a rehabilitation program under the direction of the probation office and not associate with any known criminals/drug offenders.
Counsel on his behalf filed submissions for sentencing. A sentence of three years imprisonment was recommended with the final 12 months suspended on conditions, he said.
The Lord Chief Justice took count one as the head count in this case and imposed a starting point of three and half years imprisonment in which he reduced by 12 months for mitigation. In relation to count two, a starting point of nine months was imposed, reduced by three months for mitigation to be served concurrent to count one.
He then considered whether it was possible to suspend in whole or in part the sentence he had just imposed keeping in mind the principles in Mo’unga.
“You are not young, but you are a first-time offender, you have expressed remorse over the offending and cooperated with the Police in the first instance during the search. I have also read supporting letters from your family stating that you are the sole breadwinner and that you have a young family who depend on you to provide for them.
On the other hand, the amount of illicit drugs and the utensils found suggests to me and I accept that you are a low-level supplier. The Courts must strike a balance between the prospects of rehabilitation for an offender and deterrence and punishment of such behaviour here in the Kingdom.”
The Lord Chief Justice stated for those reasons, he suspended the last 12 months of his sentence for two years.
The defendant was then sentenced to two and a half years imprisonment, with the final 12 months suspended for two years on conditions, which includes not committing any further offence punishable by imprisonment, must live where directed with the Probation Officer and must not associate with any known criminal or drug offender, among others.
In total, he is now serving an imprisonment sentence of 18 months followed by 12 months suspended sentence for two years on the conditions mentioned.
Moreover, the Lord Chief Justice ordered that any time served is to be credited to the sentence he had imposed. He further ordered that all the illicit drugs and utensils be destroyed.
