Vaini drug user gets opportunity to reform [1]
Wednesday, December 2, 2020 - 18:35
Harris Isbell Satini (45) was sentenced to two-years three-months imprisonment, which was fully suspended for possession of 1.32 grams of methamphetamine seized at Vaini.
Hon. Justice Langi sentenced the accused on November 27, at the Nuku’alofa Supreme Court,after, he was found guilty on the meth charge, but not guilty on possession of 4.10 grams of cannabis.
The Court heard on October 5, 2018 police executed a search warrant at the accused's home in Vaini.
When they arrived at the house occupants informed them that the accused was doing some construction work at the neighbour's house.
Police then went to look for the accused and one of the officers saw him trying to hide something inside a packet of cigarettes. The police officer ran over and took the packet off him, and opened it to find a plastic bag of methamphetamine inside.
Police searched the inside of the house and found other illicit drugs in various places.
The accused told the probation officer that he accepted the verdict and that he used the illicit drugs to help him with his daily work. He adamantly denied supplying or selling any drugs from his home.
The probation officer recommended that an order for attendance at a alcohol and drug awareness course be added to any sentence that is given, and he was also of the opinion that the accused was truly remorseful.
Rehabilitation
The judge sentenced the accused to two-years and three-months imprisonment, which was fully suspended on conditions.
This included that he must not commit any further offences punishable by imprisonment for two-years, complete a Salvation Army drugs and alcohol awareness program and life skills course.
In addition, he must not consume alcohol or take illicit drugs during suspension and must carry out 70-hours of community work.
The illicit drug was then ordered to be destroyed. Cash seized from the accused during the search, totaling $1007 pa'anga was forfeited to the Crown.
The judge said, although the accused did not cooperate with the police and was convicted after a defended hearing, she was of the view that if given another chance he will take the opportunity offered by a suspended sentence to rehabilitate himself.
“I accept the probation officers view that he is remorseful. I am also mindful that he has not had the benefit of being part of any kind of rehabilitation programs such as that offered by the Salvation Army Drugs and Alcohol courses,” she said.
In addition, the judge believed that the minimal amount of methamphetamine seized supported his contention that the illicit drugs were for his own personal use.
"I believe there is still hope for him with the right assistance to overcome his addiction and become a law abiding citizen."
The judge told the accused that he was very fortunate that his sentence is fully suspended.
In addition, the sentence imposed was arrived at after much consideration in balancing the preventive purpose of punishment against treating the root of the problem (addiction) through rehabilitation and giving the offender an opportunity to reform.
"I am offering you a lifeline and an opportunity to reform and cease your involvement with illicit drugs."
The accused was warned that if he breaches any of the conditions of his suspension he may be required to serve his sentence of imprisonment.
“If you appear before the court again on similar offences, it is very highly likely that you will be sent to prison,” said the judge.