Prolific drug offender Sosefo Langi Moala (53) got one year suspended from his eight years imprisonment sentence for substantial drug related offences by the Appeal Court. 

On 4 June 2021 the Lord Chief Justice had sentenced him to eight-years imprisonment on a range of drug-related charges, at the Supreme Court. 

Moala then appealed on the ground that part of the sentence should have been suspended.

His offending took place on four separate occasions between August 2019 and March 2021, and included the seizure of substantial illicit drugs from 41.82 grams of cocaine to 140 grams of methamphetamine.

Substantial cocaine and meth

On 31 August 2019, police searching the appellant's home at Tokomololo found two packets of methamphetamine weighting .46 grams in total. The Police also located cash including Tongan pa'anga, New Zealand, and U.S. currencies and weighing apparatus.

Then on 12 November 2019, responding to information that he was selling drugs from a vehicle parked at Longolongo, the Police searched two vehicles and detained the appellant, his wife and a third person.

Nine packets of cannabis were found in the appellant's car and quantities of methamphetamine (totalling 140 grams), cocaine (41.82 grams) and more cannabis on his person.

A further quantity of cannabis (98.91 grams) in small packets was found when the Police searched the appellant's home. Electronic scales and plastic dealer bags were also found.

On 13 November 2020 the Police again visited the appellant's residence. They searched his house and car. A package of methamphetamine weighing .81 grams was found in the glove box of the car and 40 test tubes were located in his house.

In addition, on 4 March 2021 Police carried out another search of the appellant's home. Small quantities of methamphetamine weighing 1.31 grams in total were found and bags used for packing drugs.

He initially denied the offending but in March 2021, as his trial on the November 2020 offending was about to begin, he pleaded guilty to all charges. 

Menace to society

In his sentencing remarks, the Lord Chief Justice noted that for the methamphetamine offending that took place before 8 December 2020, the maximum term of imprisonment was 30-years imprisonment.

He also said as stated in the pre-sentence report, that the appellant had been a long-term menace to society and unless and until he demonstrated a genuine desire and willingness for lasting rehabilitation, he was likely to continue to pose a threat to the community.

The Lord Chief Justice then suggested that undertaking alcohol and drug counselling, while in prison may be a significant step in that direction. 

The factors the Lord Chief Justice had referred to led him to the view that it was not appropriate to suspend any part of the sentence, said the Appeal Court.

"Without in any way minimising his drug offending or his past criminal record, it is to his credit that it is now ten years since he committed an offence involving violence or dishonesty. The character references reveal commendable personal attributes and give cause for optimism that he can further advance his rehabilitation if he can address his alcohol and drug issues."

The Court said, while he may be assisted by counselling while in prison, they considered treatment in the community would be most effective.

"A period of suspension for this purpose would also incentivise the appellant to build on the positive, if limited, steps he has already taken. On the other hand, a period of suspension will not materially detract from the severity of the sentence. We do not see a period of suspension as compromising the needs of deterrence, denunciation, accountability, and public protection."

The appeal was allowed and one-year of the sentence of his eight-years imprisonment sentence was suspended for one-year, on conditions.