Repeat offender jailed for drugs conviction [1]
Wednesday, September 15, 2021 - 17:35
Kalafitoni Toluta’u (42) was sentenced today to two-years six-months imprisonment for possession of 2.8 grams of methamphetamine, seized at 'Utulau in 2018.
Hon Mr Justice Niu sentenced him, after finding him guilty in July at the Nuku'alofa Supreme Court. He committed this offence on July 28, 2018.
The judge said 2.8 grams of methamphetamine is a large quantity of a class A drug.
"Such a quantity could be used by tens of persons and it indicates that you possessed it for the purpose of supply and sale to a large number of persons. You stood to gain financially at the loss, and misery of those persons."
The court heard that the defendant was released from prison in September 2020, after serving time for a previous armed robbery offence.
In 2009 he was deported from Hawaii, after moving there as a young boy in his family. He claimed that it was due to a traffic offence there.
However, the judge did not understand why he would be deported for such an offence, and if the offence was so serious, it would have warranted an imprisonment sentence, which sentence would have been served at a prison to which his wife and children would have ease of access to visit him there.
"It would not have warranted deportation but if your offence had involved illicit drugs, then I can well understand why you were deported. No country wants drug offenders."
The probation officer said that the defendant claimed he conducts a plantation with his uncle at Navutoka, but that had not been confirmed.
“That means I have no evidence, you have given me no evidence that you have made or begun to make a change in your life. You have shown no likelihood of rehabilitation at all,” said the judge.
Toulta'u was sentenced to two-years six-months imprisonment without suspension.
The judge ordered that the drugs and paraphernalia be destroyed by the police. Other property found together with the drugs was forfeited to the Crown.