Sosiua Totau [25] was sentenced to two-years imprisonment for possession of 400.37 grams of cannabis, seized at his home in Tofoa earlier this year.

Lord Chief Justice Whitten sentenced him on November 6 at the Nuku’alofa Supreme Court, after he pleaded guilty to the one count in September.

On March 30, Police were conducting routine Covid-19 traffic checks, where the defendant with Likamanu Faka'osi were stopped in their vehicle at Tofoa.

Police searched the vehicle and found cannabis, which is the subject of other charges.

After, police received information that drugs were being sold at the defendant's residence. They conducted a search of the residence and found a large plastic bag containing cannabis leaves and seeds. 

In addition, cash inside a pillow and various small plastic bags were found in a number of locations around the house

The defendant said he had no knowledge of the cannabis. He was then arrested and upon further questioning, admitted that the cannabis belonged to him.

The Crown submitted that the aggravating feature in this case is the substantial weight of the cannabis.

The mitigating features was that the defendant cooperated with Police, pleaded guilty at the earliest opportunity and is a first offender.

Court heard, he is married with a child and works in his family's plantation with his wife and is not otherwise employed.

He admitted to the offence when interviewed by Police. He also told his counsel that he obtained the cannabis from a person in 'Eua.

The fact that he has been convicted of possessing some 400g of cannabis, with the clear commercial connotations attached to that quantity, is a matter of significant concern, said the Chief Justice.

“Notwithstanding any doubts about the defendant's remorse or propensity for rehabilitation, it is appropriate to afford him an opportunity for rehabilitation by suspending part of his sentence,” said the Lord Chief Justice.

The defendant was then convicted and sentenced to two-years imprisonment, but with the final 12-months suspended for 18-months, from the date of his release from prison, on conditions.

He was also reminded that should he fail to comply with any of the conditions, he might be required to serve the balance of his prison term.

The cannabis was ordered to be destroyed.