Suspended sentence for drug offender [1]
Wednesday, December 9, 2020 - 18:03
Shalina Kumar (23) from Fangaloto was sentenced to six-months imprisonment, which was fully suspended for charges, including possession of 0.06 grams of methamphatamine.
Justice Langi sentenced her on November 27, at the Nuku’alofa Supreme Court. In October, she pleaded guilty to the offences, which occured at a home in Kapeta in May this year.
The Crown submitted the aggravating factors was the seriousness of the offending (being in possession of a Class A and Class B drug), the accused was found with both methamphetamine and cannabis.
She also tried to conceal the illicit drugs by putting it in her mouth with the intention to swallow it but later changed her mind. She is a first time drug offender.
Offending
The probation report said the accused currently lives with her boyfriend and co-accused 'Inoke Hu'akau. She is now eight months pregnant with their first child.
‘Inoke who was charged with similar offences had received a suspended sentence.
The accused claimed that on the day of the offending she and 'Inoke had returned home to find her brothers at the house. They tried to chase them away but the police came and found the illicit drugs.
She said that she tried to swallow the packet of illicit drugs but changed her mind and she spat it out.
In addition, she said to have been truly remorseful over what she has done and had learned her lesson and will never commit such offence again.
The judge accepted the accused was remorseful and that her possession of the illicit drugs were for her own personal use.
"A rehabilitation course on drugs and alcohol could assist in giving her the right tools to fight her addiction but I am minded of the fact that she is about to give birth and an order for her to attendcourses will be difficult with a young child to care for."
The accused was then sentenced to six-months imprisonment fully suspended on conditions, that she must not commit any offences punishable by imprisonment for a period of one-year, among others.