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Suspended sentence for cannabis cultivator [1]

Nuku'alofa, Tonga

Monday, August 30, 2021 - 18:33.  Updated on Monday, August 30, 2021 - 21:31.

Netane Taufa (29) was sentenced to one-year imprisonment for cultivation of 23 cannabis plants that were seized at a residence in Nukunuku.

Hon. Mr Justice Cooper sentenced him on August 20 at the Nuku’alofa Supreme Court.

On January 7, 2021 at around 6:00pm the Police received information that there were cannabis plants in pots inside a cement rainwater collector at this residence, where the accused lived.

Police seized the cannabis pot plants inside the rain water collector as well as nine cannabis pot plants inside the living room of the house; and one smoking utensil.

The accused had no previous convictions.

The judge said, “here the 23 plants stand on their own in that there was no other evidence to suggest what the nature of this enterprise was; save perhaps one matter, the smoking pipe that was also seized.

“In addition, only the number of plants is open to the court to inform what this venture was; is this medium level personal use; is it no-profit commercial supply; or medium level commercial supply. There is no dealer list, no evidence even of scales or bags to use for supplying. There is no evidence of observations of people attending his address that might give rise to the suggestion of wider supply,” he said.

"In view of all these matters and considering carefully the case law I come to the view that the appropriate sentence is one of one-year imprisonment which, because of his early guilty plea I reduce by 30% to eight month's imprisonment and then due lack of previous convictions, I shall suspend for two-years."

The sentence was fully suspended on conditions, that the accused does not to commit any further offences punishable by imprisonment and must carry out 40-hours community service.

The cannabis was forfeited for destruction.

Tonga [2]
cannabis plants [3]
sentencing [4]
suspended sentence [5]
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From the Courts [7]

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Source URL:https://matangitonga.to/2021/08/30/suspended-sentence-cannabis-cultivator

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[1] https://matangitonga.to/2021/08/30/suspended-sentence-cannabis-cultivator [2] https://matangitonga.to/tag/tonga?page=1 [3] https://matangitonga.to/tag/cannabis-plants?page=1 [4] https://matangitonga.to/tag/sentencing?page=1 [5] https://matangitonga.to/tag/suspended-sentence?page=1 [6] https://matangitonga.to/tag/supreme-court?page=1 [7] https://matangitonga.to/topic/courts?page=1