Lord Chief Justice Whitten QC sentenced him on 29 July at the Supreme Court in Nuku’alofa. He pleaded guilty to both counts.

For the cannabis count, the offending was on 13 December 2018, when Police went to Nafanua Wharf in ‘Eua to look for the defendant as he was suspected of having committed theft. 

There, the defendant was apprehended and taken to the police station. When asked about a bag left unattended at the wharf, which contained cannabis, he admitted that it belonged to him. 


He said on 23 November 2020, Police received information that someone was stealing watermelons from a tax allotment at Fonongahina in Tongatapu.

When they arrived and confronted him, the defendant ran but was apprehended. Police conducted a search of his vehicle and found three packs of methamphetamine and a pipe used for smoking drugs. 


He also breached a suspended sentence.

Lord Chief Justice Whitten said, he agreed with the Prosecution’s sentencing formulation in respect of the methamphetamine charge.

“Having regard to the seriousness of the offending, 
the amount of methamphetamine suggesting possession for the purpose of supply, the comparable sentences referred to and the defendant’s relevant criminal history, I set a starting point for that charge of three-years imprisonment.

“Unfortunately, the Prosecution’s submissions on sentence did not include any reference to the not insignificant cannabis charge,” he said.

"I consider that the amount of cannabis in this case is indicative of possession for the purpose of supply."

He said the defendant has a significant criminal history, including for possession of illicit drugs and has been sentenced to a few suspended and partly suspended prison terms. 

Further, despite initially pleading guilty to the instant offences, the defendant later tried to change his plea but then eventually reverted to his guilty pleas. He also breached his bail conditions resulting in him being remanded in custody to date, he said.

"All his recent history demonstrates a flagrant disregard for the law and the opportunities afforded to him for rehabilitation. With his escalating drug offending, he is also becoming a risk to himself and the community. The protection of the latter must also be reflected in the sentence.

It is clear, in my view, that the defendant is presently incapable of responding to the deterrence intended by a suspended sentence. I therefore decline to suspend any part of the total sentence."

He then sentenced the defendant to four and a half-years imprisonment.

The sentence was backdated to 23 May this year, to when he was remanded in custody.

The illicit drugs were ordered to be destroyed with cash and other items seized forfeited to the Crown.