Suspended sentence for cannabis accused [1]
Thursday, January 21, 2021 - 17:19. Updated on Thursday, January 21, 2021 - 17:19.
Siaosi Makaafi was sentenced to 18-months imprisonment for possession of a cannabis plant, which weighed 48.33 grams. The sentence was fully suspended on conditions, at the Nuku'alofa Supreme Court.
Justice Langi in her written sentencing on January 20 said, the accused pleaded guilty to the offence in October 2020.
On March 13 last year, police received reliable information that illicit drugs were being sold from a tax allotment at Fua'amotu, and the accused was living there.
Police went to the allotment and carried out a search without a warrant.
They found inside the accused's house; one smoking pipe, one test tube inside a black bag that was placed in the corner of the bedroom and empty plastic packs commonly used for packing drugs.
In addition, one cannabis was planted approximately 10 meters away from the house. The total weight was 48.33 grams.
The Court heard, the accused's main source of income was from planting and selling crops from the tax allotment.
Mitigating factors included his early guilty plea and his remorse.
The judge said that a suspended sentence was appropriate where an offender was likely to take the opportunity offered by the sentence to rehabilitate himself, and to co-operate with the authorities, and where the accused had pleaded guilty at the earliest opportunity.
“All these circumstances are applicable in this case and I consider it appropriate and in line with recent authorities to fully suspend the accused's sentence subject to conditions,” said the judge.
The 18-months imprisonment was fully suspended on conditiions that Makaafi does not commit any further offences punishable by imprisonment of two-years, must complete the Salvation Army Drugs and Alcohol Awareness Program and Life Skills Course and must undertake 40-hours of community service.
At the same time, accused had also pleaded guilty to two previous offences of possessing 1.0 gram of cannabis and one .22 ammunition without a license, seized at his bedroom in Fua'amotu, in an earlier search in October 2019.
These sentences are being served concurrently to the latest offence of 18-months imprisonment sentence, which has been fully suspended.