By Linny Folau

Fili Napa’a (31) was sentenced to 18-months imprisonment partially suspended for charges including possession of 329.98 grams of cannabis at Veitongo in March this year.

Justice Cooper sentenced him on 12 December, at the Supreme Court in Nuku’alofa. The defendant of Ha’asini, on 8 March this year was in possession of 329.98 grams of cannabis found in his vehicle.

He had further pleaded guilty in September to possession of .22 rifle without a licence. These were the two offences he was sentenced on.

The court heard that Police acted on information information received and went to Veitongo where they located Mr. Napa'a in the driver's seat of his vehicle with two passengers, one front, one rear.

A search of the vehicle led to the following items being seized: part of a plastic bag on a compartment of the driver's door; a plastic bag containing suspected cannabis branches and leaves on the driver's seat floor, a .22 rifle beside the driver's seat; an empty packet on top of the speedo-meter, $20 on a compartment underneath the radio-set.

Those discoveries led to a search of Mr. Napa'a's residence at Ha'asini.

Maximum sentences

Meanwhile, an offence contrary to section 4 (1) (b) (ii) Illicit Drugs Control Act in respect of a Class B drug in the quantity of 28 grams or more, a fine not exceeding $50,000 or imprisonment for a term not exceeding 7 years or both.

In respect of an offence contrary to section 4 (1) and 2 (b) Arms and Ammunition Act the maximum sentence is a term of imprisonment not exceeding 5 years.

The judge said, “I have borne in mind the Crown's submission in their indicative sentence document that a term of 24 months' imprisonment would be appropriate for the illicit drug offence and a term of 12 months concurrent for the offence of possession of a firearm without a licence.

“I have taken into account the sentence of Lord Chief Justice Whitten KC in R v Sosiua Totau whereby he imposed a term of 24 months' imprisonment for possession of 400.37 grams of cannabis.”

Previous convictions

The judge stated that Mr. Napa'a had previous convictions for two matters of theft in 2011. He was sentenced in the Magistrates' Court to a probation order and suspended sentence of imprisonment.

In 2012, the defendant received fines for two offences dealt with in the Magistrates' Court; drunkenness and escaping lawful custody. In 2014 a fine for an offence of drunkenness. That same year another fine for an offence of assault, likewise dealt with in the Magistrates' Court.

He then went on to consider suspension and referred to the principles in Mo'unga [1998] Tonga LR 154 as it promotes rehabilitation.

“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. I have taken into account his age, there being only a single drug offence in the past and the fact of his guilty plea. In this case I consider that 6 months of his sentence should be suspended for 12-months on the following conditions: that he must report to probation within 24 hours of his release; he must be put on probation; he must complete a drug awareness course, and he must not commit any offence punishable by imprisonment,” he stated.

Jail time

"On count 2, I impose a starting point of 24 months' imprisonment. That was the first opportunity Mr. Napa'a had to plead guilty on the basis of what the Crown offered today therefore a 30% discount is appropriate; 18 months. On Count 6 a starting point of 12 months, reduced to 8 for his guilty plea, to run concurrently with the sentence in count 2."

The judge then sentenced him to a total of 18-months imprisonment, with the final six-months suspended for 12 months, on the conditions mentioned.

His sentence was also backdated to 27 September when he was first remanded into custody. All drugs and paraphernalia were forfeited to be destroyed and the $20 seized confiscated.

Meanwhile, there were four other counts in which no evidence was offered against them and formal not guilty verdicts were entered.