Taufa Latuselu was sentenced to nine-months imprisonment, which was fully suspended for unlawful possession of illicit drugs.

Lord Chief Justice Whitten QC during sentencing on February 19 at the Nuku'alofa Supreme Court said, had the defendant been charged with supplying or if this offending occurred after the current amendments to the Illicit Drugs Control Act, full suspension would not have been available.

In January, the defendant pleading guilty to two counts of possession of 0.70g of methamphetamine and 0.25g of cannabis.

The Court heard on May 22, 2020 the Police Drugs Taskforce received information that drugs were being sold by the defendant from Petelo Tu'ipulotu's residence at Ma'ufanga.

When they arrived at the residence, police found the defendant in his vehicle parked outside the compound. A search of his vehicle without warrant was carried out

The defendant was holding a black bag, inside police found an ;iPhone. The iPhone was dismantled, revealing two packs of methamphetamine and two packs of cannabis inside.

He has one previous conviction for bodily harm in 2015 but does not have any previous convictions for drug related offence.

Suppliers

Lord Chief Justice Whitten said, although this was the defendant's first detected drug-related offence, he expressed concern at the information to police a fact admitted by the defendant's guilty plea, that he was reportedly selling drugs from or outside Tu'ipulotu's residence.

"Supply is to be regarded as a more serious and insidious crime than mere possession for personal use.”

He said, apart from the minority of cases involving self- production for personal use, illicit drug use leading to almost universal and inevitable addiction is not possible without the supply of those drugs.

“It is also suppliers who facilitate and spread the destruction caused by drug use and abuse, usually for their own financial gain, in return for the eventual, and often irredeemable, suffering of drug users and often their innocent family members,” he said.

llicit Drugs Control (Amendment) Act 2020

In addition, on December 8, 2020 the Illicit Drugs Control (Amendment) Act 2020 came into force. Among the amendments, s.4 (2)(b) of the Act now deems possession of 0.25g or more of methamphetamine to be supplying.

"Such is Parliament's determination to protect Tonga from this scourge. It is also a directive to the Courts to respond to in sentencing of methamphetamine cases, especially for supply, with even greater exigency."

He said, while the offending in this case occurred prior to the amendments of the Act and the defendant was only been charged with possession of 0.7 grams of methamphetamine, the above ought be a salient reminder that if the same offending occurred post the amendments, the result would most likely be very different.

For the defendant's cooperation with police, early guilty plea and lack of any previous drug related convictions, he was sentenced to nine-months imprisonment.

The Lord Chief Justice said on this occasion, and most likely only this occasion, and for the sake of parity with the comparable sentences he had referred to, he was prepared to accede to the Crown's submission for full suspension, on conditions.

"That is, I am prepared to offer the defendant this one, and as noted, most likely only this one, opportunity for rehabilitation. For the avoidance of any doubt, had the defendant been charged with supplying or if the offending occurred after the current amendments to the Act, full suspension would not have been available."

The sentence was then fully suspended for two-years on conditions, that the defendant is placed on probation, must complete courses on drug awareness and life skills and carry out 50-hours of community work, among others.