Siaosi Brown (22) was sentenced to 18-months imprisonment for possession of 222.69 grams of cannabis seized at a home in Fanga.

Hon. Mr Justice Cooper sentenced him on 14 November at the Supreme Court in Nuku’alofa. He was convicted on 28 September this year, after a trial.

He was living at the home of Seiloni Ngaue, his uncle.

The judge said, police officers on information received, conducted a search without a warrant and in the bedroom that Mr. Brown occupied with his partner, found the cannabis.

“On the bed in that room was an open plastic bag that contained the vast majority of the cannabis and that was loose in that bag. Next to that bag were 33 small dealer snap-bags filled with cannabis. A brown box, also on the bed contained a further 100 dealer bags filled with cannabis.

“Another large zip lock bag of cannabis was also there and there was a supply of empty dealer bags was among all of this.”

A pre-sentence report revealed that the accused worked in construction and received some $250 a week.

The report also stated that he still denied the offence. He told the probation officer that he believed that his uncle's partner set him up because she did not like his wife.

“This is nonsense as his uncle tried to take full responsibility, telling the police all the drugs were his. It speaks ill of him that he continues to cast around and deny his involvement,” he said.

Previously, on 28 May 2018 he was sentenced to two-years and three months imprisonment by former Justice Cato for possession and cultivation of cannabis.

“Nine-months of that sentence was suspended on conditions. The Crown argued that should be activated.

“Nowhere in Cato's sentencing remarks can I see for how long the last nine months of Mr. Brown's sentence (indeed any of his co-accused's) was to be suspended for.

“The DPP has responded to my concerns in writing. His submission that there was no period stated because to suspend last nine months, meant that term would be suspended for nine months.

“This was a common practice at the time and there is no error in the sentence. He has not submitted that this was explained to Brown, only that it was the unusual way of announcing such a sentence,” he said.

"I cannot accept this argument. Unless a defendant is told in clear, precise language exactly what they face, then assuming that they will understand is not a sufficient or proper basis for handing down a sentence.

“It seems to be it would wrong in law, how could a suspended sentnece be properly passed without an operational period being set in clear language and terms so that a defendant understands their obligation and what is at stake for them? In any event, I do not active the supposed suspended sentence."

The judge then sentenced Brown to 18-months imprisonment, with the last six-months suspended for two-years on conditions. 

He also ordered the drugs be forfeited and destroyed. 

The Crown also applied for the $184 found in his room be forfeited.

“I note that he was working at the time and at trial concluded the monies could just as easily have come from a lawful source. The money I decline to forfeit,” said the judge.