Offender seized with 8.08 grams of meth jailed [1]
Wednesday, April 14, 2021 - 18:16
‘Amusia Mateni (42) was sentenced today to 3 years and six months imprisonment for possession of 8.08 grams of methamphetamine and interfering with evidence that was seized during an altercation with a police officer on a road in Ngele'ia.
Lord Chief Justice Whitten QC sentenced him at the Nuku’alofa Supreme Court, after he was found guilty on both counts by Acting Justice Langi on February 22.
The offence was on May 17, 2019 when Officer ‘Ahokava noticed a black rental car parked in the middle of the road in front of Lopeti Hurrell’s residence.
The Lord Chief Justice said, the defendant was standing beside the vehicle and when approached by the police officer, he explained that the car had run out of petrol.
They then both pushed the car to the side of the road. While doing so, Officer ‘Ahokava saw in the right pocket of the defendant’s trousers several packets of suspected methamphetamines wrapped in cash.
The officer went home to collect his police identification and handcuffs, called for back up and returned to the scene. He told the defendant that he was a police officer and cautioned him in relation to the illicit drugs in his possession.
The defendant then threw his phone at the officer, which resulted in them wrestling on the ground. During the altercation, the defendant managed to get away briefly.
He then ripped a number of packets open and threw the contents into nearby puddles of muddy water. ‘Ahokava prevented the defendant from destroying the rest of the packets. A bystander, named Toni who was standing assisted ‘Ahokava to restrain him. The defendant then offered Toni cash to let him go, which he refused. Other police officers then arrived, and the defendant was arrested and taken to the police station.
The remaining 23 packets and cash totaling $1,160 were seized. The contents of the packets were later weighed and tested and found to be 8.08 grams of methamphetamine, he said.
Married with three children, the defendant who was unemployed occasionally carried out contract work for $50 daily.
Penalty
Lord Chief Justice Whitten said it is significant that the recent amendments to the Act (which commenced 8 December 2020) include increasing the maximum penalty for possession, among other things, of 1 gram or more of a Class A drug, to life imprisonment (as per New Zealand) and that possession of 0.25 of a gram or more of such drugs shall be deemed to be supplying.
“Whilst those amendments do not apply to the instant case, they do provide a powerful indication of Parliament's intention to equip the courts with the ability to impose more severe sentences as part of the war on drugs."
The defendant was charged with possession, not supply, even though the amount of methamphetamine and the number of packets clearly suggested a commercial enterprise. It was open to the police and the prosecuting authorities to charge the defendant with supply (alternatively, possession) as well as resisting arrest and assaulting a police officer, he said.
"For reasons, which remain unexplained they chose not to. I must therefore proceed solely in respect of the charges upon which the defendant was charged, tried and convicted."
The defendant is not young, did not co-operate with the authorities and showed no remorse.
Delusional dishonesty
“However, he had a long period free of crime and this is his first detected drug-related offending. I also take into account the fact that he has a young family and the likely effects that an inevitable term of imprisonment will have on them. I do tend to think, however, that in his current state of involvement with methamphetamines with its resultant delusional dishonesty as demonstrated at trial and to the probation officer, until the defendant receives support and undergoes some form of rehabilitation, his wife and children may be better off without him,” said the Lord Chief Justice.
"As with all serious drug offences, I place significant weight on the need to ensure that the sentence to be imposed represents an effective deterrent, both specifically for the defendant, and more generally for those within the wider community who may be tempted to succumb to illicit drugs."
He then sentenced him to 3.5 years imprisonment, with the final 12-months of the head sentence suspended for two-years. This was on the conditions that upon release, he must not commit any offences punishable by imprisonment, must undertake a drugs awareness and any other rehabilitative courses as directed by his probation officer, among other orders.
He was also told that failure to comply with the conditions, the suspension may be rescinded and he will be required to serve the balance of his sentence.
The illicit drug was ordered to be destroyed and the $1,160 in cash seized be forfeited to the Crown.