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Drug offender gets final chance with suspended sentence [1]

Nuku'alofa, Tonga

Monday, January 25, 2021 - 18:47

‘Alifeleti Poifi Katoa was sentenced to one-year nine-months imprisonment for possession of 0.34 grams of methamphetamine and 2.74 grams of cannabis, which was fully suspended at the Nuku'alofa Supreme Court.

Justice Langi in a written judgment released on January 13, said the accused changed his plea to guilty for both offences.

The offending was on August 16, 2019 around 9:00 pm, when police acted on reliable information of potential drug dealing held at the accused home in 'Anana.

Police searched the accused and found three packets of cannabis, one packet of methamphetamine and some cash inside his pockets. He had previous convictions for drug offences

The Court heard, the accused was deported to Tonga in 2011 from the United States for drug-related offences, after serving two-years in prison.

He is now unemployed and relying only on remittances from his family in the US.

The accused accepted the charges against him and told the probation officer that the reasons for committing the offences was for commercial purposes to cater for the request and needs of his friends. 


The judge said, she had a duty to protect the community from repeat offenders like the accused who think they will just do time and come out and do the same thing again.

“A longer term of imprisonment should be imposed but, fortunately for you, I am bound by sentencing bands previously passed by the courts for possession of methamphetamine under 1 gram,” she said.

However, the Crown submitted that his sentence be fully suspended in lieu of longer hours of community service. 

“I also take into consideration the probation officer's report and the fact that since the last offending, the accused has removed himself from the environment of people who were also involved with dealing and using drugs.

“The probation officer also states that he is of the view that the accused is genuinely remorseful and wishes to change his life around,” said the judge.

In addition, the accused had genuinely sought to change his life around, to send him to prison may only result, in him meeting up with old friends and going back to his old ways. 

"The submissions by Crown counsel and the pre-sentence report and the accused's own vow that he has truly changed has convinced me to give him one last chance to rehabilitate."

The sentence was therefore fully suspended for two-years on conditions, that he completes the drugs and alcohol awareness program by the 
Salvation Army and 140-hours of community work, among others.

The judge told the accused he was very fortunate that his sentence was fully suspended. 

“The fact that you have previous convictions for possession of illicit drugs should require you to serve some period in prison. However, the sentence I have 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,” said the judge.

"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 breached any of the conditions of his suspension, he might 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.

Tonga [2]
methamphetamine [3]
cannabis [4]
Nuku'alofa Supreme Court [5]
From the Courts [6]

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Source URL:https://matangitonga.to/2021/01/25/drug-offender-gets-final-chance-suspended-sentence

Links
[1] https://matangitonga.to/2021/01/25/drug-offender-gets-final-chance-suspended-sentence [2] https://matangitonga.to/tag/tonga?page=1 [3] https://matangitonga.to/tag/methamphetamine?page=1 [4] https://matangitonga.to/tag/cannabis?page=1 [5] https://matangitonga.to/tag/nukualofa-supreme-court?page=1 [6] https://matangitonga.to/topic/courts?page=1