By Linny Folau

Paea Kalisitiane (19) was sentenced to imprisonment for charges including possession of 1.29 grams of methamphetamine at a residence in Tokomololo.  Her 24-year-old co-offender received a suspended sentence on a lesser charge.

Justice Cooper sentenced the two women on 15 December at the Supreme Court in Nuku’alofa. This was after both defendants on the second day of trial pleaded guilty to the counts they faced.

Kalisitiane was charged with three counts that included possession of illicit drugs (1.29 grams of methamphetamine, possession of 0.13 grams of cannabis and unlawful possession of utensils (1 empty pack, and 1 piece of straw). There were five separate packets of methamphetamine. 

Lina Halangahu was charged with unlawful possession of utensils (1 bong can, 1 piece of straw and 3 empty packs).

The judge stated that in regards to Kalisitiane, she was present at the place of offending, and just as she was assisting another person in packing the illicit drug, the Police arrived. She was well aware of the presence of the illicit drug, she knew that it was illicit drug, and as the Police arrived, she put the empty pack and straw into her pants' back pocket in an attempt to hide it.

The Crown submitted that the head sentence is Count 1, and submitted in reference to the authorities cited, that the appropriate starting point for the headcount is 18-24 months imprisonment. Given the accused's guilty plea on day 2 of the trial, and lack of drug-related offence, a 4-month reduction from the starting point would be appropriate, leaving 14-20 months imprisonment.

The penalty for possession of a Class A illicit drug over 1 gram is in section 4 of the Illicit Drugs Control Act. The maximum penalty is a fine not exceeding $1,000,000 or imprisonment for any period not exceeding life or both. The penalty for possession of an illicit drug is in section 4(1) of the Illicit Drugs Control Act. The maximum penalty is a fine not exceeding $5,000 or imprisonment for a term not exceeding 1 year, or both.

Previous convictions

Kalisitiane had previous convictions that included drunkenness. She was sentenced in 2021 to $200 fine; as a failure to comply with directions of an authorized officer. She was again sentenced to $300 fine, failure to comply with directions of an authorized officer and she was sentenced to a fine. She also committed disorderly behaviour and was sentenced September to a fine of $150, in default, 2 weeks imprisonment.

The other accused, Halangahu, was of previous good character.

The Crown made submissions in regards to Kalisitiane that; possession of illicit drugs is a huge issue in the kingdom; she possessed over 1 gram of a Class A drug; was in possession of both Class A and Class B drugs; for the purpose of sentencing, section 4(2)(b) applies, and the accused can be described as possessing the illicit drugs for supply. This is based on the amount of methamphetamine.

Both accused are first-time offenders.

Kalisitiane  is young and pleaded guilty although not at the earliest opportunity, “but on day 2, her guilty plea can be seen as an expression of remorse and acceptance of the crime she committed. She has recent convictions”.

Halangahu is too young and similar to her co-offender, she also pleaded guilty on day 2 of the trial, which can be seen an acceptance of the crime. She does not have any previous convictions. The Crown is of the view that her sentence should be fully suspended.

The judge stated that he had the opportunity of not only the information concerning Kalisitiane's previous convictions, but seen her in court.

“She has, at every hearing, treated the proceedings as if they were a joke, laughing and making light of her criminal behaviour. Her pleas of guilty came during her trial. It is also noteworthy that in her police interview she fully admitted to helping others fill the individual bags of methamphetamine. In other words her being convicted was inevitable and it is a wonder she pleaded not guilty at all.”

That said, the judge decided the last 12 months of her sentence will be suspended for 12 months on the following conditions and she must attend probation within 24 hours of her release She must be placed on probation

In addition, she will live where she is directed by her probation officer. She must not commit any offence punishable by imprisonment. If she breaches any condition she will be re-sentenced. Her sentence is back-dated to her first remand on 14 September 2023.

Meanwhile, Halangahu, she was sentenced to five months prison term suspended for 12 months, under the conditions of her suspended sentence are attend probation by noon on 15 December. She is to be placed on probation, and must complete 40 hours community service

She must not commit any offence punishable by imprisonment. She was warned that any breach would almost certainly lead to her being re-sentenced and serve the custodial term of her sentence, ordered the judge.

The judge then sentenced Kalisitiane to 23-months' imprisonment, the last 12 suspended for 12-months on conditions, and backdated to 14 September 2023.

Halangahu was sentenced to five-months' imprisonment fully suspended for 12-months on conditions.