Couple jailed for drugs offences [1]
Thursday, October 14, 2021 - 17:53
Tupou Tafuna (39) and his wife ‘Amelia Tafuna (32) were jailed for possessing 3.82 grams of methamphetamines and 22.60 grams of cannabis, after Police received information they were selling the drugs at home in Sopu.
Lord Chief Justice M.H. Whitten QC sentenced them on October 12 at the Nuku’alofa Supreme Court.
On September 2, after a two-day trial, the defendants were found guilty on the joint counts. 'Amelia was also found guilty of obstructing a police officer.
The Chief Justice said on October 15, 2020, police received information that Tupou was selling drugs from his residence.
Police carried out a search of the premises without warrant. 'Amelia protested and refused to be searched by a female police officer, which resulted in her having to be restrained.
She was subsequently charged with obstructing a police officer.
During the search, police found 30 bags of methamphetamine, cannabis leaves, empty dealer bags, drug-related utensils, and a total of $1,550 in cash, in a wall cavity and the ceiling space of the bedroom of the defendants' daughter.
When questioned, both denied any knowledge of the drugs and otherwise chose to remain silent, he said.
“At trial, their defence such as it was, was found to be recent invention and 'Amelia's evidence was found to be unreliable.”
Tupou had previous convictions and was arrested on the offences only a week, after he was previously convicted and sentenced in the Supreme Court.
He told the probation officer that he had learned his lesson and had been a law-abiding citizen since this offending. The probation officer recommended that he attend rehabilitation programs, upon his release from prison.
“‘Amelia did not have any previous convictions. However, she did not accept the court's decision and maintains her innocence,” he said.
Denial of responsibility
The probation officer considered 'Amelia's denial of responsibility as a means of attempting to escape the consequences of her involvement and to cover up her husband's illegal activities.
"In light of the fact that Tupou had the benefit of fully suspended sentences in 2015 and again in 2020, and that he committed or was detected in the instant offending only a week after being sentenced on another case, I see no basis for suspending any part of his head sentence in this matter."
“While, 'Amelia's good previous record is also a basis for some suspension of her sentence, against that is her lack of remorse,” he said.
The Chief Justice was also of the view that her children would hopefully provide sufficient impetus for her to take the opportunity offered by a partially suspended sentence to rehabilitate.
He then sentenced Tupou to a total of four-years imprisonment and directed, where available, that he receive drug rehabilitation counseling within prison.
For ‘Amelia, she received three-years imprisonment, with the final 12 -months suspended for two-years from date of her release from prison, on conditions
She is required to serve two-years imprisonment.
The illicit drugs were ordered to be destroyed and seized items, including the cash be forfeited to the Crown.