Prisoner gets more jail time in substantial drug bust [1]
Thursday, October 12, 2023 - 16:23. Updated on Thursday, October 12, 2023 - 16:48.
By Linny Folau
‘Uhila Tu’i (33), who is currently serving a prison term for firearm offences, was further sentenced to four and a half-years imprisonment for drug charges that included possession of 33.97 grams of methamphetamine seized in his van at Hala’ovave.>
Justice Cooper sentenced the defendant, from Fasi, on 10 October at the Supreme Court in Nuku’alofa.
The accused pleaded guilty to three counts for possession of the methamphetamine, 82.25 grams of cannabis, and utensils that included two test tubes, two straws, one weighing scale and 48 empty packets, used for the supply and use of illicit drugs.
The judge said about 10 February 2023, Police were conducting a search for drugs at a residence at Hala'ovave. At the end of the operation, Police Office Fifita walked to the Sunia'akaveka Road to retrieve a Police surveillance vehicle that was parked in front of a Chinese shop. As he did so he saw the defendant arriving a black Toyota Harrier and parked in front of the same Chinese shop and the officer recognized him.
“Mr. Tu'i got out of his vehicle leaving the engine running, he was on his phone and was looking around in a way suggestive he was to meet someone. Officer Fifita was suspicious so he got out to talk to him. As the officer drew close, Mr. Tu'i recognised him and said "officer don't" which further aroused the other's suspicions. The police officer Fifita handcuffed the defendant's right hand, Mr. Tu'i grabbed the officer's hand to stop him, and there was a short struggle.
“Police Officer Fifita told him to stop and keep still several times but he kept moving around to avoid being handcuffed. The Police started the search and found the items of the offences inside the defendant's van. He admitted to the Police that all the exhibits found inside the van are his. The Police confirmed the suspected illicit drugs proved to be just that. The total weight of the cannabis exhibits was 82.25 grams with the total weight of the methamphetamine exhibits at 33.97 grams.
“The sum total of money confiscated in the operation was $305 and the ammunition seized was examined by the Police Armorer but they were unusable,” he said.
The Crown submitted that the aggravating features, included the fact that the defendant is a repeat offender having convictions for possession of illicit drugs (methamphetamine & cannabis) and unlawful possession of utensils, and his possession of a significant amount of methamphetamine and cannabis.
He also committed this offence whilst on bail awaiting his sentencing in CR40/2022 (firearm offences that included carrying a firearm with intent to resist arrest).
"The circumstances of the offending indicates that the defendant was in possession for supply."
The judge said this is supported by section 4(2)(b) of the Illicit Drugs Control Act, possession of the weighing scale and 48 empty dealer packets used for weighing and packing illicit drugs and the $305.00, which can only be explained as proceeds from supplying.
Prisoner
Meanwhile, the judge said Mr. Tu'i is currently serving a sentence of 33-months' imprisonment, the last nine-months suspended for 12-months for the firearms offences, after being sentenced in March this year.
“These offences did not come around at the time of his offending in CR 40/2020. They were committed approximately one month before he was to be sentenced for the firearms offences and whilst he was on bail for them. As for the suggestion the weight of illicit drugs aggravates the offence, given that the Courts always adopt the weight as one of the most important factors and group sentences accordingly, the approach is of itself intrinsically linked to weight, and did not consider weight a further aggravating feature,” said the judge.
He accepted that there was some cooperation with the police, albeit at the search but not at the police station, and then adopted a starting point of five and a half-years and increase to six and a half-years (78 months) given that he was on court bail at the time of the offending.
Drug dealing
“Plainly he was drug dealing. The amount of methamphetamine, money, scales and packets make that quite apparent.”
The judge said the sentence of R v Afu was one of the guiding factors in coming the starting point he did, and aside from the statutory presumption that this weight of methamphetamine was possession for supply, he noted the dependence on a case that was sentenced as drug dealing means that fact has already been acknowledged in arriving at the starting point he did.
“I am not minded to discount his sentence for the confession at the scene given his lack of compliance with the police after he was arrested and taken to the police station,” he said.
The judge then gave him a discount of 30% for his early guilty plea, in line with the manner in which every defendant is treated in the Court. He round that up to make 24-months' reduction, which makes four and a half-years (54 months).
“Having considered the matter carefully and taken into account the seriousness of both sets of offending, I conclude that the overall sentence if both run consecutively is not manifestly excessive,” he said.
No suspension
The judge said applying the Mo'unga principles and having considered Mr. Tu'i's history of illicit drug offending, he considered no portion of his sentence should be suspended.
“Therefore he is to serve four and a half-years imprisonment before he is eligible for release, on the suspended portion of his sentence in Cr 40/2020. I conclude that this sentence must be consecutive to the sentence in Cr 40/2020.”
Meanwhile, all drugs paraphernalia forfeited and destroyed and all monies forfeited, he ordered.