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Suspended sentence for meth accused [1]

Nuku'alofa, Tonga

Thursday, April 30, 2020 - 17:28.  Updated on Friday, May 1, 2020 - 09:48.

A 32-year-old fisherman who pleaded guilty to possession of 0.61 grams of methamphetamine received suspended sentence, at the Nuku'alofa Supreme Court on April 27.

Hon. Mr Justice Niu sentenced Viliami Leka to nine-months imprisonment, which was fully suspended for two-years on strict conditions.

The Court heard from the defense counsel, that the accused had taken meth before but that he did not become a user.

On March 7, 2019 the accused won a lottery of some $900 pa'anga or so. He and three male friends went out for drinks to celebrate and with the liquor in him and money in his pocket, he decided to get some methamphetamine again. 

The judge said, fortunately for the accused, the police became aware of his methamphetamine purchase and stopped him in his vehicle, where he was searched. The methamphetamine and smoking pipe was found in a little bag in his possession.

“It is also fortunate that your three friends who were there with you, did not get to smoke the meth because they might similarly be addicted and thereby bring misery to their own families,” said the judge.

He said, that is why the King and the Legislative Assembly in Tonga have enacted that the penalty for possession of illicit drugs such as meth is punishable by fine of up to $1,000,000 or by imprisonment of up to 30-years.

"It is the most severe penalty ever enacted for a criminal offence other than for murder and treason, for which the penalty is capital punishment or life imprisonment."

However, he said, the Courts have been mindful that persons such as the accused may be able to do the right thing and refrain, in accordance with their conscience, from taking the drugs again.

They then can continue to become useful members of society, especially when other persons, innocent persons like his daughter, need his continued earning from his job.

The Courts have 
sentenced such occasional users to prison sentences but with such sentences being suspended.

The suspended sentence is on conditions, that he serve 50-hours of community service as directed by the probation service. He is also placed on probation during the period of his suspended sentence and must attend an alcohol and drug awareness course.

The illicit drug was ordered to be destroyed.

Tonga [2]
Hon Mr Justice Niu [3]
Illicit Drugs [4]
Supreme Court [5]
From the Courts [6]

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[1] https://matangitonga.to/2020/04/30/suspended-sentence-meth-accused [2] https://matangitonga.to/tag/tonga?page=1 [3] https://matangitonga.to/tag/hon-mr-justice-niu?page=1 [4] https://matangitonga.to/tag/illicit-drugs?page=1 [5] https://matangitonga.to/tag/supreme-court?page=1 [6] https://matangitonga.to/topic/courts?page=1