Vilimoa Afu (35) was sentenced at the Supreme Court to six-months imprisonment, which was fully suspended, for possession of 0.11 gram of methamphetamine, at Ngele’ia.

He pleaded guilty to the charge in August this year.

Lord Chief Justice Whitten during sentencing today said that on 15 February 2019 Police responded to complaints regarding drug dealing at a home in Ngele'ia belonging to Langi Ta'ai.

The officers saw the defendant and another person riding bicycles to this home.

As the defendant and his companion returned, the police officers intercepted them. The defendant tossed an object to the road side. One of the officers searched that area and found a packet of what later tested as methamphetamine.

He showed the packet to the defendant, who apologized and was arrested. He cooperated with police and admitted to the offending.

Rehabilitation

The Chief Justice said, in the Crown's submissions on sentence, it set out a number of the accused's previous convictions, including in 2005.

The Crown referred to the defendant's previous convictions as an aggravating feature. “I disagree,” he said.

Under the Rehabilitation of Offenders Act, the defendant is eligible for a spent conviction certificate as more than seven years (rehabilitation period) have passed since his last sentence of imprisonment. The effect of any such certificate is to deem the defendant to have no criminal record.

“Further, the past offences were not drug-related. He was last sentenced almost 15-years ago. In the circumstances, I do not consider that his previous record ought weigh in favour of increasing any sentence, which would otherwise be imposed, had he no previous convictions,” said the Chief Justice.

Due to his lack of recent or related previous convictions, his remorse and early guilty plea, among other principles, he sentenced the accused to six-months imprisonment. This was fully suspended for 12-months due to his early plea and relatively long period free of criminal activity. The suspension was on conditions that during the period of suspension, he must not commit any offence punishable by imprisonment; placed on probation and undertake a course in drug awareness, among other orders.

The defendant was also warned that failure to comply with these conditions, may see him serve his imprisonment term.

The illicit drug was ordered to be destroyed.