Kahealani Tonga (38) was sentenced to 14-months imprisonment, which was fully suspended for possession of 2.09 grams of methamphetamine.

Hon. Mr Justice Cooper sentenced the accused on 25 August the Supreme Court in Nuku’alofa, after she pleaded guilty to the offence on 21 July this year.

He said the circumstances of that offence were that she was the passenger of a motor car that police stopped in Tofoa on the morning of 10 October 2021, having received information that the occupants were associated with drug use.

“Miss Tonga sat in the right rear of the car and she and the other three passengers were searched by the officers. A pencil case was found, where she had been sitting on the rear seat and inside was recovered what transpired to be 2.09 grams of methamphetamine, divided into three separate snap bags.

“When she was confronted with these items by the police officer, she immediately admitted it was ‘ice’ and it belonged to her. The pre-sentence report noted that she has a history of smoking methamphetamine,” he said.

The accused who has four children, in her pre-sentence report admitted the offending and explained that she was delivering the drugs from the owner to a buyer.

"That would mean that she was acting for the dealer and as such she was a ‘foot-soldier’, not a temporary custodian as she was facilitating the deal, but also not the actual dealer.

“In any event, though she may not have been the person making the money from the deal she was facilitating this devastating trade, which is a scourge that destroys the minds and lives of so many people in Tonga," said the judge.

The Crown submitted that the accused had previous convictions and provided details of her antecedents, though no actual record sheet was presented before the judge.

"An important development in her life is that she is nine-months pregnant with the first child she and her partner are to have together."

The probation report noted her guilty plea, remorse and determination to rehabilitate as well as having already stopped taking illicit drugs, with her pregnancy being a major factor in that decision.

“Those principles, set out in that case, are aimed at promoting rehabilitation. Where, despite the gravity of the offending, there was no premeditation, or the offence was provoked or coerced by a co-defendant. Or, if there had been cooperation with the authorities, these would all be important factors,” he said.

"In this case, I have come to the view that the combination of the early guilty plea, remorse, dramatic change of behaviour, in breaking with negative peers and returning to live with her mother as well as re-establishing herself as a conscientious parent, as well as her pregnancy, all mean that I can take a wholly exceptional course."

The judge then sentenced her to 14-months' imprisonment, suspended for two-years on conditions, which includes 50-hours of community service.

The money and drugs seized were ordered to be forfeited.