By Linny Folau
Sione Lapu’aho (56) is serving 10 months in prison for possession of 130.35 grams of cannabis at Fatai in February this year.
Justice Garlick sentenced him on 3 September at the Supreme Court in Nuku’alofa. On 25 June, he pleaded guilty to the count of being in possession of the Class B illicit drug.
The court heard that on 28 February, police went to his home address. When they arrived at the premises, they carried out a search and found a clear plastic bag tied to a tree, near where the defendant had been seen standing.
The bag contained 130.35 grams of cannabis. When questioned, the defendant admitted that the drugs were his and that he was going to supply them to others, stated the judge.
The Crown submitted that aggravating features were a substantial amount of cannabis in his possession, the prevalence of illicit drugs in Tonga and its consequences to society. The defendant has previous convictions for offences involving illicit drugs, and is not a young person.
The judge said hd had already taken into account the fact that the accused had committed similar offences during his lifetime.
His mitigating factor was that he is the sole breadwinner of his family. He also pleaded guilty at the earliest opportunity and cooperated with the police.
The judge stated there was a reasonable probability that the defendant would be rehabilitated during his time in custody, and that the imposition of a partially suspended sentence would assist that process of rehabilitation.
“Accordingly, I have reached the conclusion that in this case it is just and proportionate that the final six months of the sentence of imprisonment should be suspended for a period of two years on conditions,” he stated.
The defendant was sentenced to 16 months' imprisonment, with the final six months suspended for two years, on conditions that included not committing any offence punishable by imprisonment. He is now serving 10 months in prison.
The cannabis was ordered to be destroyed.
