A 29-year-old man was sentenced to 2-years and 3-months imprisonment by the Tonga Supreme Court on 14 December after he pleaded guilty to cultivating cannabis at a tax allotment in Malapo last year.

Sione Taulua, the repeat drug offender was also found guilty of possessing over one kilogram of cannabis.

The court heard that on October 30 last year, Tonga Police executed a search warrant at a tax allotment in Malapo where the accused lived. He cooperated with Police and admitted that he possessed cannabis which he had just beaten to be dried.

Police searched the property and found cannabis plants including some under cultivation. In total the plants weighed 1,150.34 grams.

The Supreme Court Chief Justice Paulsen stated in his ruling "...despite his previous conviction for possession of cannabis, the prisoner made a decision to cultivate and sell cannabis for financial gain."

"The amount of cannabis found was substantial. He must have been aware that should his offending be detected a period of imprisonment was inevitable."

"Having regard to these matters and the cases referred to, a starting point for sentencing purposes was set at three-years and three-months imprisonment on both counts. In terms of mitigation, the prisoner had cooperated with the Police, and was given a discount by three-months on his sentence."

"As he embarked on a commercial operation of cultivating cannabis knowing the consequences if caught I do not accept his expressions of remorse. However, he did plead guilty before trial and I give him a discount of nine-months from his sentence."

15 Months Suspension

The Chief Justice decided to suspend the last 15-months of the prison sentence.

"He has a young family. He asked me to take into account that fact that he is a father and his son is starting school next year", stated the Chief Justice.

"I understand that he has in recent times found an alternative means of supporting his family through farming work. I am prepared to give him a final opportunity to rehabilitate himself. I am not however prepared to fully suspend the sentence.”

In Tonga, the maximum penalty for both of these offences under the Illicit Drugs Control Act, is a fine not exceeding $50,000 or imprisonment for a term not exceeding seven years or both.