Suspended 1 year sentence for cannabis grower [1]
Tuesday, July 26, 2022 - 20:05. Updated on Tuesday, July 26, 2022 - 20:13.
Nganga e Hau Lao (55) received a suspended sentence for cultivation of 43 cannabis plants seized at his home in Tatakamotonga.
Hon. Mr Justice Cooper sentenced him on 21 July at the Supreme Court in Nuku’alofa.
He had pleaded guilty to the cultivation of cannabis and possession of utensils.
On 12 December 2021 at around noon, police raided the defendant's home address and found him sitting on the floor of his living room reading the bible.
The judge said the cannabis plants were found growing behind his home and the smoking devices were recovered from his kitchen.
His probation report stated that he earned about $200 a week doing construction work, and suggested that he was of a low risk of re-offending, having committed to never using drugs again.
The judge said he was not provided with any pictures of the plants in question.
“There is nothing to indicate how much of the weight of the plant is unusable stems and roots and how much is leaf. I note that there is nothing to suggest that this was a commercial venture and alI the signs are that they were for his own use.”
In addition, there were no dealer Iists, no dealer bags, text messages referring to drug dealing, people seen arriving consistent with drug dealing, he said.
He then sentenced the defendant to one-year imprisonment fully suspended for 18-months, on conditions.
The drugs and paraphernalia were ordered to be destroyed.