Cannabis grower gets suspended sentence [1]
Monday, July 20, 2020 - 19:03
Filomila Kaufusi (28) who pleaded guilty to cultivating 17 cannabis plants received a suspended sentence at the Supreme Court, on July 17.
The total weight of the 17 plants was 94.45 grams.
Hon. Mr Justice Niu sentenced him to two and a half-years imprisonment, which was fully suspended for two-years on conditions.
He said the summary of facts provided by the Prosecution to the Court said Police, acting on reliable information and without a search warrant, went to a tax allotment at Hauloto in Tongatapu on May 30, 2019. The accused and another person were present.
Police asked the accused if there were any drugs on the allotment and he replied that there were, and led them to where he had planted the 17 cannabis plants.
The accused cooperated with and was helpful to the Police and readily pleaded guilty at the Supreme Court.
The judge said, during submissions in June, the accused said he was really repentant of what he did of growing the plants. At the time, he had no job and was not yet married and had no future in his life.
He is now married with children and is said to be working in construction, earning $300 per week.
"Considering the sentence to impose on you for your offence, I have to consider the seriousness of the offence of possession of illicit drugs and the consequences of the sentence upon your life. You already knew the seriousness of the offence of possession, let alone cultivation of cannabis. You tried to grow it secretly in the bush of the tax allotment in order that no one would see it, because you knew it was a serious offence."
The judge said it was true, as the Crown had pointed out that the accused had previous convictions, first of which was manslaughter, but he had no previous conviction in connection with illicit drugs at all.
With the manslaughter (2012) he was sentenced to six-years imprisonment. Other previous convictions, included drunkenness amd housebreaking/theft (2016). The accused said, he committed these offences, while working in Ha'apai.
“Secondly, what is more important is whether or not there is any chance that the accused can change his life for the better.
“In this case, the accused has shown this by statements in Court and by letters written and signed by his Church bishop and village town officer. They spoke highly and warmly of the vast and welcome change he made to his life,” he said.
"If I was to sentence you to prison without suspension, you would lose your job, you would be separated from your wife and children. You would be thrown back to the deep end where you were, to be together with the other convicts whom you are now trying to distance yourself from. I do not consider that justice demands that."
In addition, the judge said, he had truly shown remorse by pleading guilty and accepting the error of his ways and rehabilitated himself already.
"I do not need to be convinced that you will make use of the opportunity of suspension, because you have already shown it."
He then ordered for the cannabis to be destroyed by the Police.