Meth supplier imprisoned [1]
Thursday, September 15, 2022 - 09:05
Titali To’ia (39) was sentenced to three-years two-months imprisonment for possession of 3.33 grams of methamphetamine, after Police intercepted his vehicle in Havelu, Tongatapu.
Lord Chief Justice Whitten KC sentenced him on 14 September a the Supreme Court in Nuku'alofa. This was after the accused pleaded guilty to three offences, including possession of 0.82 grams of cannabis and utensils in July.
He committed these offences, while on a suspended sentence.
The Lord Chief Justice said the offending was on 6 January this year, when Police received information that he was selling drugs from his motor vehicle.
When they intercepted the defendant in his vehicle at Havelu, police conducted a search of him and his vehicle. As a result, they found a total of $536.50 in his trouser's pockets, three packets of what was later confirmed to be methamphetamine, one straw and an empty packet.
The defendant also told his probation officer that he earned income through taxi driving and drug deliveries. He also fully admitted the offending in accordance, with the Crown's summary of facts.
Low-level supplier
The Crown submitted the aggravating factors, included the weight of the methamphetamine found on the defendant is significant and he was presumed a supplier.
The $536.50 found on him were proceeds from selling drugs, which confirmed the presumption that he was a low-level supplier, according to the initial information received by police.
In addition, he had a previous conviction on 11 August 2021 for possession of 0.75 grams of methamphetamine, with nine-months imprisonment sentence, fully suspended for two-years on conditons.
The Lord Chief Justice said the defendant is not young. He was not a first-time offender and there was no identifiable diminution in culpability.
“Against that, he initially co-operated by admitting to the offences, and his early plea of guilty reflects an acceptance of responsibility and it would appear, a realisation of the extent to which drugs have led to his life spiralling. I am also mindful of the fact that the defendant has young children who, once he detaches from his likely drug addiction, may also be an incentive for his rehabilitation.
“In those circumstances, and notwithstanding his two previous fully suspended sentences, I consider it appropriate, on this occasion, to order partial suspension of this, much longer, sentence,” he said.
The defendant was then sentenced to three-years two-months sentence (38 months).
Six-months was added, after his suspended sentence in the Magistrate's Court case was rescinded, making an aggregate sentence of three-years eight-months sentence (44 months).
The final 12-months of the aggregate sentence was suspended for two-years, on conditions.
"Failure to comply with any of those conditions will result in the suspension being rescinded, in which case, the defendant may be required to serve the balance of his sentence in prison."
The illicit drugs were ordered to be destroyed and all other seized items, includng the cash forfeited to the Crown.