By Linny Folau.
Siaosi Kalonihea (31) is serving two years and two months imprisonment, while his wife Louena 'Akau'ola (29) is serving one year in prison for possession of illicit drugs, after methamphetamine was seized in Lomaiviti last year.
Justice Garlick sentenced them on 9 September at the Supreme Court in Nuku’alofa. This after they changed their plea to guilty to their respective charges in July, since they initially pleaded not guilty in December last year. Louena was charged for possession of 7.07 grams and utensils namely two smoking pipes, and Siaosi for possession of 3.38 grams and utensils consisting of 13 empty packs and one weighing scale.
The offending was on 3 July 2024, when police went to the area of Lomaiviti, where they saw Louena riding a bicycle. She was detained and a bag that she had in her possession was searched and found to contain illicit drugs and a sum of cash. The police then searched her residence, where they saw Siaosi arrive and park his car.
The judge stated that the police officers arrested Siaosi and proceeded to search the house. The police found two smoking pipes in the house, which Siaosi claimed belonged to another person. The police then searched Siaosi's car and in a bag on the dashboard found a bag containing drugs and cash. Later, at the police station, Louena’s bag was searched and found to contain seven packs of methamphetamine and some cash.
In the bag that had been found on the dashboard of Siaosi's car, they found three packets of methamphetamine. In an inner pocket of the bag, they found three further packets of methamphetamine, he stated.
Both defendants have previous convictions. Louena had just one previous court appearance, when on 10 December 2020, she was sentenced to a total of six months' imprisonment for two offences of possession of illicit drugs (methamphetamine and cannabis). That sentence of imprisonment was fully suspended for a period of 12 months.
On the other hand, Siaosi has a long list of previous convictions for drug offences and was sentenced to various periods of imprisonment. Under the Illicit Drugs Control Act, the penalty for possession of a Class A illicit drug above 1 gram is a fine not exceeding $1,000,000 or imprisonment for any period not exceeding life or both, the judge added.
Meanwhile, the Crown submitted the aggravating factors for Louena was the substantial amount of the Class A illicit drug she possessed. She also did not cooperate with Police, as well as drug offending a serious issue in the country and her previous conviction for the drug related offence.
Similarly, the aggravating for Siaosi was the substantial amount of methamphetamine that was in his possession. He is also a repeat drug offender among others.
Jail
The judge stated that in the case of Louena, he found that her role was clearly that of a supplier of the drugs. Accordingly, her role and culpability are both significant.
However, she had only one previous conviction, and had not served an immediate sentence of imprisonment. Accordingly, the judge found the starting point in her case, in respect of count one, is one of three years' imprisonment. This was reduced to two years' imprisonment, to reflect the fact that she pleaded guilty as soon as she had the benefit of legal advice.
“In her case, I find that it is just and proportionate to suspend the final 12 months of her sentence of imprisonment, applying the principles set out in the case of Mo'unga. Accordingly, the total sentence is one of two years imprisonment, where the last 12 months will be suspended for two years. However, she has only one previous conviction, and she has not served an immediate sentence of imprisonment,” he stated.
In the case of Siaosi, the judge found that the starting point in his case was one of four years' imprisonment for the head offence in count three. He reduced that sentence to 32 months' imprisonment, to reflect his pleas of guilty, after receiving legal advice. This will be a concurrent sentence of three months' imprisonment on count four, making a total sentence of 32 months' imprisonment.
“Again, in his case, time spent in custody will count towards time served. In his case, because of his numerous previous convictions, I find it difficult to suspend part of those sentences. However, applying the Mo'unga principles, I cannot rule out the possibility that he will rehabilitate himself during the custodial period of his sentence, and that the imposition of a period of suspension will assist in that process of rehabilitation. Accordingly, the final six months of his total sentence will be suspended for a period of 2 years.”
A mitigating factor was their guilty pleas.
The judge sentenced Louena to two years' imprisonment with the final year suspended for two years, on conditions. This includes not committing any offence punishable with imprisonment during the operational period of the two years suspended sentence. She is now servivng one year in prison.
For Siaosi, he was sentenced to a total of 32 months' imprisonment with the final six months suspended for two years on conditions. He is currently serving two years and two months imprisonment.
At the same time, the judge ordered for the illicit drugs to be destroyed.
