Suspended sentence for meth offender [1]
Wednesday, April 7, 2021 - 18:37
Manavahetau Fua’eiki (42) who was convicted of possession of methamphatamine was sentenced to one-year nine-months imprisonment, which was fully suspended on conditions at the Supreme Court in Nuku’alofa.
Hon. Mr Justice Niu sentenced the accused on April 6 after pleaded guilty to three offences.
On June 23, 2020 at Pahu, the accused possessed 1.99 grams of methamphetamine. On the same day at Ha'akame the accused was found with one .12 bullet without a licence.
A few months later on 28 October at 'Anana, he was found with 0.61 gram of methamphetamine.
The judge said on June 23 Police received information that drugs were being sold at a car wash premises at Pahu. They conducted a search without warrant of those premises and found the accused there.
Police searched the accused and found that he had several packs of methamphetamine and $813.50 in his trousers’ pocket. Police then went with the accused to his house at Ha'akame and found similar but empty packs and a weighing scale in his room.
They also found a live .12 bullet in the accused pocket of his coat hanging in his room.
On 28 October, the police again received information that drugs were being sold at a residence of a certain person at 'Anana.
Police found the accused there, who had in his hand two plastic packets, one contained two packs of methamphetamine and the other contained 10 packs of methamphetamine.
The judge said, the probation officer said the accused thought it was an easier way to make money and so he decided to accept and to sell them to get the money for his family.
However, the probation did not not say when it was he started to do that or how much he was selling or received.
The probation officer said the accused expressed regret for what he had done, especially having to stoop to committing a criminal offence to feed his family, and that he had now sworn to stop that life of crime and to go and plant crops for his family instead.
The judge found that the accused qualified for a suspended sentence under some of the criteria laid down by the Court of Appeal, because he was a first offender.
"I am also satisfied that you are not and that you were not a user of the drug or any drug. If you were or are a user, you may have difficulty in abstaining from it in future.I therefore consider that you would make use of the opportunity of the suspended sentence to abstain from possessing the drug and to rehabilitate yourself, which is another of the criteria set by the Court of Appeal."
“In addition, I am also satisfied that your guilty pleas to all these offences have helped the police and the prosecution as well as this Court. I would accept that that is cooperation with the authorities, which is another of the criteria, set by the Court of Appeal. Accordingly, I am satisfied that you are eligible to be granted a suspension of that imprisonment sentence,” said the judge.
As for the bullet found in the accused’s coat, that was an isolated act and the judge accepted the accused’s explanation that he simply found it in his car after others had been in it. He was convicted and discharged on this count.
The accused was then sentenced to one year nine-months imprisonment for the illicit drugs offences, which was suspended for three-years on conditions.
He was ordered to serve 80-hours community service, attend and complete the life skills, drug and alcohol awareness courses of the Salvation Army.
No order was made in regards to the $813.20, which was found in the accused’s pocket. But the Police were ordered to destroy the methamphetamine.