Heamani Saafi (66) was sentenced to two-years and six-months imprisonment for cultivation of three cannabis plants at his home in Ha'asini. The illicit drug weighed 59.18 grams.

Justice Langi suspended the sentence in full on February 4, at the Nuku’alofa Supreme Court.

The Court heard on July 21, 2020 Police received reliable information that the accused was cultivating 
cannabis plants at his home.

Police went to his house and found him there with his family. They informed him they were there to conduct a search without a warrant. 

The police asked the accused whether he had anything unlawful at his home and he told them that he had 
three cannabis plants behind the kitchen. He led the police to where he had planted them. 


Police uprooted the cannabis plants and took them to the police station, where they were weighed and recorded at 59.18 grams.

The judge said the mitigating factors submitted included his early guilty plea, his first drug offending and his cooperation with police.

Repeat offender

However, the Crown submitted that he was a repeat offender having been sentenced for various crimes such as assault, indecent assault, housebreaking among others, dating from the 1970s to 2014.

The accused's previous convictions indicated an inability for him to be rehabilitated. He had also been using drugs for a long period of time and clearly has a drug addiction, said the Crown.

However, the judge noted from the previous sentences submitted by the Crown, that the accused had not been sentenced to undertake any rehabilitation courses. 

Most of his sentences included fines and probation orders. 

"This does not make his offending any less serious, but I am of the view that given the right assistance through rehabilitation for the accused to change his life around and become a law abiding citizen."

The judge also saidthat three cannabis plants do not indicate cultivation for commercial purposes and believed that they were planted for personal use, while taking into consideration that the accused had been free from criminal activity since 2014. 

The accused was sentenced to two-years and six-months imprisonment, fully suspended on conditions, which included being placed on probation for two-years, must complete a Salvation Army Drugs and Alcohol Awareness/Life 
SkillsCourse in the first year of suspension and carry out 70-hours of community work.

The cannabis was ordered to be destroyed.