By Linny Folau

A consistent drug re-offender, Sione ‘Ala (26) was sentenced two-years five-months imprisonment for possession of illicit drugs including methamphetamine, in two separate offences involving vehicles in Nuku’alofa. 

Justice Cooper sentenced him on 14 December, at the Nuku'alofa Supreme Court.

The first set of offences were committed on 6 March 2023 when the accused was caught in possession of 0.71 grams methamphetamine, 1.25 grams cannabis and drug utensils; straws and empty packets, both associated with using illicit drugs.

The judge stated that the circumstances of the police arresting him was after receiving information that led them to where he had parked his motor vehicle, outside the TCC company buildings. He was in the driver's seat and there was another man in the front passenger seat.

This man appeared to have tried to smash the test tube he was holding to frustrate their investigations. He was taken from the vehicle and found on his person was a single packet of methamphetamine and one packet containing the cannabis. A further packet of methamphetamine was recovered from the vehicle, $116 from Mr. ‘Ala and a further $100 found in the vehicle were also seized.

Then, while he was on bail for those offences, he was caught again by police on 11 May 2023, once more in a motor vehicle, in possession of methamphetamine, cannabis and drugs utensils.

The judge said this time outside a restaurant in Ma'ufanga, he was the passenger of the car in question and in possession of: 12 packs of methamphetamine found inside the plastic box weighing 1.05 grams, one pack of methamphetamine found in between the front passenger and driver seats weighing 0.34 grams. In addition to one pack of methamphetamine found under the front passenger seat weighing 1.04 grams.

“The driver of the vehicle present was detained searched and seemingly involved in these offences too. She need not concern us at this stage. What is of relevance is that 10 packets of cannabis weighing 2.89 grams as well as a test tube, straw, scales and a further 48 further empty dealer packs that were also all recovered. A total of $586 was also seized,” Justice Cooper said.

Repeat drug offender

The defendant had previous convictions and was convicted in the Magistrates Court, for the possession of illicit drugs. He was sentenced on 7 August 2020, to pay a $300 fine within a week, or serve six-months of imprisonment.

The Crown’s submissions on the first set of offences was that the defendant was not a first-time offender, he committed the offence, while on bail for this matter.

“Methamphetamine, cannabis and utensils were found at the same time, implying a serious presumption that it was intended for use and the defendant is presumed a supplier pursuant to section 4(2)(a) of the Illicit Drugs Control Act.

“In addition to lying during his pre-sentence report interview by telling his Probation Officer that this was his first court appearance and that he did not have any previous criminal record.

“The aggravating factors are that the defendant committed the offences in the instant case in May, whilst on bail for CR 111/ 2023 in the Magistrate Court; He has a previous conviction for drug offending, the existence of the various utensils, various drug types 2 , cash, the circumstances of the drugs readily packaged, the circumstances of being mobile in a vehicle, the overall quantity of the methamphetamine and the support of the legal presumptions, all undoubtedly indicate that the defendant was one half of a drug supply operation.

“The defendant's consistent drug re-offending illustrates a blatant disregard to the law, and a serious inability of self-rehabilitation. Whilst he is said to be remorseful, it also notes the he misled the probation officer by denying he had any previous convictions, which were in fact for possession illicit drugs. It also does not deal with the fact that shortly after committing the offences in March, he committed more drugs offences in May 2023,” stated the Crown.

The judge noted that of the aggravating and mitigating features submitted, the only aggravating feature was that the second set of offences were committed on bail for the first, which are like offences.

Commercial supply

The judge went on to consider if all or only part of the sentences should run consecutively with one another.

“The Court notes the prevalence of methamphetamine, the harm it does to individuals as well as society as a whole. I have also gone on to consider that while the offences committed in March 2023 were possibly commercial drug supply, those committed in May plainly where. The amount of money recovered, in combination with the number of individual dealer bags of both cannabis and methamphetamine, the presence of the weighing scales are all revealing. Putting aside the statutory presumption, these offences clearly were ones of commercial drug supply.

“On this basis, I conclude it is appropriate that 1 year and 9 months imprisonment for the May 2023 offences must be served consecutive to the 8 months' imprisonment for the March 2023 offences."

The judge stated that it is also significant that he committed the May offences while on bail for those he had committed in March. “Both these facts outweigh any seeming remorse the fact of his guilty pleas might speak to. Accordingly I decline to suspend any portion of his sentence,” he said.

Mr 'Ala was then sentenced to a total of two-years and five-months imprisonment, which was backdated to his first detainment in police custody on 11 September 2023.