Kaufana Maile (36) was sentenced to two and a half years imprisonment for possession of illicit drugs including 2.12 grams of methamphetamine at a home in Hala’ovave, in 2022.

Hon. Mr Justice Cooper found him guilty on three counts, after a trial at the Supreme Court in Nuku'alofa on 11 April.

The defendant was sentenced for possession of 2.12 grams of methamphetamine, possession of 1.52 grams of cannabis and possession of utensils, namely one test tube, one weighing scale, three straws and empty dealer bags, which are capable of being used to supply and use illicit drugs.

The offences were committed on 27 April 2022.

After hearing the evidence, the judge convicted the defendant of all charges.

The judge said Mr. Maile did not have any strong views about having a pre-sentence report prior to sentence and given his recent history for similar offences, he concluded it would be of little assistance in the light of his conviction after trial.

He has previous convictions before the Magistrate’s Court in August 2009 and March 2021 for possession of illicit drugs.

In regards to comparable sentencing, the judge said “given that there are closely comparable amounts of methamphetamine in that case (R v Haisila 22/2022) and the instant case he is bound to conclude that a starting point of 2 years ought to be increased to 2 ½ years given this is his third conviction for possession illicit drugs in a short period of time and that the statutory assumption aside, the money found, the scales and number of empty dealer packs makes it quite clear this was a commercial enterprise and he was dealing in methamphetamine.

“In regards to suspension the considerations advanced in that case were whether the defendant was young, of previous good character, or passed long time without offending, whether the defendant would take the opportunity to rehabilitate,” he said.

"Albeit that he pleaded not guilty and, at trial, denied the admissions on arrest, he still did admit his part at the scene. I conclude the final nine-months should be suspended for two-years on conditions."

The defendant was then sentenced to two and a half-years imprisonment with the final nine months suspended for two-years on conditions.

All drugs and paraphernalia are to be forfeited and destroyed. Monies are also to be forfeited to the Crown, ordered the judge.