Prisoner gets more jail time for drugs conviction [1]
Friday, May 28, 2021 - 18:29. Updated on Friday, May 28, 2021 - 18:41.
By Linny Folau
Siua Palanite Hufanga (49) who is currently in jail for theft was sentenced to 21-months imprisonment for possession of 2.13 grams of methamphetamine and 8.16 grams of cannabis, seized by Police at a curfew checkpoint at Mu’a.
Lord Chief Justice Whitten QC sentenced him today, at the Nuku’alofa Supreme Court. He pleaded guilty to the offence.
The offending occurred on the evening of March 30, 2020 when the defendant was travelling in a vehicle being driven by another.
He said, the vehicle was stopped by police at a Covid-19 curfew checkpoint at Mu’a. The defendant whispered to the driver, who then told police that they were rushing to town because the defendant had dislocated his shoulder.
The defendant was asked to get out of the car. When he got out, a police officer held his hand. He broke free and ran off. He was later apprehended and searched.
Police found two packets of suspected cannabis, four packets of suspected methamphetamines and empty packets. The substances were later analysed and found to be 2.13 grams of methamphetamine and 8.16 grams of cannabis.
The defendant had a number of previous convictions from theft to assault and driving under the influence.
While being on bail for this offence, he committed his most recent theft offence in February this year. He is currently serving three-months imprisonment for that.
The Chief Justice said, his return to crime by his recent theft conviction, after a 10-year break and now this offending was troubling.
“The amount of methamphetamine involved (which would be deemed supply had the offence occurred on or after 8 December 2020) and the critical imperative for the Courts to ensure that sentences, particularly for methamphetamine, are effective in providing specific and general deterrence, clearly also weigh against full suspension."
“Furthermore, the Court’s responsibility in addressing drug-related offending involving methamphetamine is ‘to ensure that sentences imposed ... are adequate and effective in denouncing and punishing such crimes, provide a strong deterrent effect, not just for individual offenders but also for the general community and those who may contemplate succumbing to the toxic allure of illegal drugs and also to provide incentive and opportunity for rehabilitation of those who have succumbed,” he said.
The defendant was sentenced to 21-months imprisonment to be served, after his three-months sentence for theft.
The Chief Justice said since this was his first drug related offence it tended to favour some suspension.
“The opportunity and support offered by a period of supervision, support and education after the defendant’s release from prison is likely to assist in his rehabilitation should he choose that course for his life. To assist him with that choice, I will also order a significant suspension period,” he said.
The final nine-months of the head sentence was then suspended for two-years, on conditions that the defendant must not commit any offence punishable by imprisonment, be placed on probation, among other orders.
“Failure to comply with the above conditions may result in the suspension being rescinded, in which case, the defendant will be required to serve the balance of his sentence.”