A 26-year-old man received a fully suspended sentence after being convicted of drugs, firearm and ammunition charges by Lord Chief Justice O.G. Paulsen of the Supreme Court in Nuku'alofa on 14 December.

The man had pleaded guilty to three counts of unlawful possession of illicit drugs namely 36 grams of cannabis, possession of a .22 gun and ammunition without a licence.

He was sentenced on all counts, serving a concurrent sentence of one-year nine-months imprisonment, which was fully suspended for two-years on conditions.

While searching his home on May 10 this year, police discovered 36 grams of cannabis leaves, seeds and young plants under cultivation. Police also found a firearm and ammunition in the attic of the home.

Repeat offender

The court heard, that the accused had previously been convicted of possession of cannabis by the Magistrate's Court and was fined. He paid the fine but re-offended again within the space of two-months.

The Chief Justice stated in his ruling that the accused claimed that he had found the gun and kept it in order to protect himself against an associate had previously shot him.

“He says he found the firearm and ammunition in the bush and the firearm was for protection and was hidden because he knew it was illegal to possess it...the accused also considered that he required protection from an associate involved with drugs being the same person who had previously shot him. He said this created a very dangerous situation as the potential for offending involving serious injury or even loss of life is obvious, and considered the appropriate starting point for sentencing purposes is three-years imprisonment."

Last chance

The Chief Justice said that he was reluctant to fully suspend the sentence but had been impressed by the Crown Prosecutor that there was potential for rehabilitation.

“He has held paid employment and it appears he is genuinely wishing to do the best for his daughter's future. I believe that he should be given a final chance to rehabilitate himself."

"With some reluctance I have decided to accept the the Crown's submission and fully suspend the sentence."

The final sentence was suspended on a two-year probation requiring the accused to complete 100 hours of community work undertaking general cleaning of public places directed by the Probation Service and no less than four hours on each occasion, among other terms. In addition to this sentence, the cannabis, firearm and ammunition were destroyed.