Daniel Bruno Moimoi (35) received a suspended sentence today at the Nuku'alofa Supreme Court after his conviction on charges including the possession of 225.67 grams of cannabis seized at Tofoa, in 2019.

Hon Mr Justice Niu sentenced the accused to two and a half-years imprisonment, which was fully suspended on conditions.

This was after finding him guilty in September on charges of possession,
 cultivating four cannabis plants and 
possessing 500 x .22 rifle bullets and 52 x .45 bullets without licence 
on April 29, 2019. 


The Court heard an informer told police that a person had just purchased some large-size bullets from a container at the accused's place in Tofoa. The police carried out a search of the accused's place without warrant immediately, as a result the cannabis and ammunitions were found.

The 225.67 grams of cannabis were found in a compartment of the car the accused was using, and in a bag which was also in the car. While the four cannabis plants were found growing in home made pipe pots 
(similar to empty pots found in the container as well) which were placed among  bushes near the container. The bullets were found in boxes on a shelf inside the container.

Rehabilitation

The judge considered the need for protection of the society against the ravages of drugs, which he said are prevalent in Tonga today.

In addition, the accused had dried cannabis leaves in an empty coffee bottle and two packs of cannabis leaves in the yellow bag together with the Tongan tobacco packs. That to the judge indicated that he had the two packs of cannabis for sale.

“That would make your possession of the cannabis as possession for purpose of sale, albeit a small scale operation. And the range of penalty for that is two to four-years imprisonment,” he said.

However, the judge said the accused had shown rehabilitation in his active participation in the community, especially the village police activities since the commission of these offences in April 2019.

"Not only have you shown rehabilitation you have shown kindness to others. You have thereby shown that you can be trusted not to reoffend in the future, for which purpose the enactment of suspension of sentence was intended."

On the offence of possession and cultivation, the accused was sentenced to a concurrent sentence of two and a half-years imprisonment.

This was fully suspended for three-years, on conditions.

On the ammunition charge, he was fined $1,000 to be paid within two-months or in default serve three-months imprisonment. 

The police was ordered to destroy the cannabis, while $265.70 pa'anga seized in the search was forfeited to the Crown.