Uaine Palesi Fa (27) was sentenced to imprisonment by the Appeal Court, after overturning his suspended sentence initially imposed by the Supreme Court in 2022, for possession of 28.55 grams of cocaine in Vava'u.

On 28 October 2022, Hon. Mr Justice Cooper sentenced the defendant to 12-months' imprisonment, fully suspended, on conditions including 60-hours community service.

This resulted in the Attorney-General appealing against the sentence as being “manifestly inadequate.”

The Appeal Court in a judgment on 6 April allowed the appeal, and sentenced Fa to two-years imprisonment, but with the final year suspended, on conditions.

Offending

The court stated on 22 April 2022, Fa was brought to the Neiafu Police Station in relation to a complaint by his wife of domestic violence.

During questioning, the wife told police that her husband had been sniffing a white substance, which had caused their problems and that he stored it in a lightbulb at their house.

While she was being questioned, the Respondent, who was in a different room, absconded. After he was found, police searched their house and found a t-shirt tied into knots which contained two plastic packs and a bulb like bottle containing white powder, which was later tested and found to contain cocaine.

When questioned, he told police that the substance was watermelon pesticide and did not otherwise co-operate.

He pleaded guilty to possession of cocaine.

The Crown submitted below that the aggravating features of the offending included the quantity of the drug, which suggested that he possessed it for the purpose of supply, and that his consumption of the drugs led to him being violent towards his wife.

Mitigating features were submitted as the early guilty plea and lack of any previous convictions.

Allowed

In factors and reasons given in the 12-page judgment, the appeal was allowed and the sentence imposed by the Supreme Court judge, on 28 October 2022 set aside.

In substitution, Fa was convicted of possession of cocaine and sentenced to two-years imprisonment. The final year of the sentence is suspended for two-years from his release from prison. This means he will serve one-year imprisonment.

"Failure to comply with any of the said conditions may result in the suspension being rescinded, in which case, he will be required to serve the balance of his prison sentence."

He was also given credit for any time spent remanded in custody in relation to this case."

The Appeal Court ordered that due to his failure to appear on this appeal, he is to surrender himself to the Neiafu police station within 48-hours of service of this judgment.

"Should he fail to do so, a warrant is to be issued for his arrest, whereupon he is to be taken to the Vava'u prison to commence his sentence."