Repeat drug offender jailed [1]
Wednesday, February 7, 2024 - 15:06. Updated on Wednesday, February 7, 2024 - 15:07.
By Linny Folau
Petelo Le’ohau (33) was sentenced to 12-months in prison, with half the time suspended on conditions, for possession of illicit drugs in two set of offences, including possession of 0.33 grams of methamphetamine.
Justice Cooper sentenced him on 2 February at the Supreme Court in Nuku’alofa.
The first offence was on 19 April 2023, when police acting on information went to a residence in Vaotu'u. There they detained a number of people outside and upon searching the home, they found present the defendant with another man.
The defendant was searched. His vehicle, which was identified as being parked in front of the residence, was also searched and recovered from inside were: one test tube containing a white substance, one golden bottle cap containing white substance, and one empty pack in the dashboard compartment and a single test tube that contained white substance and $30 pa’anga recovered from the ceiling compartment.
The three amounts of suspected illicit drugs were tested and found to be positive for methamphetamine. He was arrested and taken to the police station but exercised his right to silence.
The judge stated that on 11 October 2023, he appeared before the Supreme Court for his arraignment and pleaded guilty to the two counts he faced, possession 0.33 grams methamphetamine and possession utensils.
Meanwhile, on the morning of 28 September 2023 police executed another drugs raid on the parking lot opposite the Tanoa Hotel. Once more Mr. Le'ohau was arrested and searched. A vape was seized and found concealed inside were: two packs with white substance suspected to be methamphetamine, one piece of green straw and one empty pack. The defendant was arrested and taken to Central Police Station and admitted the substance was methamphetamine and the straws used as drugs utensils.
The substance was tested and found to be methamphetamine. The contents of the two packets had a total weight of 0.14 grams. In due course he was charged and appeared before the Magistrates' Court, when he pleaded guilty and the matter was committed on 29 November 2023 to this Court to join with the case already before this Court.
Drug user
The judge then referred to a number of cases which drew his attention and the sentences imposed. None of them focused on the starting points, which he said is the necessary first step in calculating the correct tariff.
He turned to R v Fa'aoa 312/2020, possession 0.30 grams methamphetamine. Whitten LCJ imposed a starting point of 9 months, after having considered a number of cases, especially these two from amongst those submissions and referred to them. He then considered a starting point of nine months was appropriate on the count of possession methamphetamine.
Meanwhile, a pre-sentence report, said Mr. Le'ohau is married and lives with his wife with their four young children in Sopu. His history of a good work record had deteriorated as he had succumbed to illicit drug use and addiction.
To probation he readily admitted this was the case and explained that the illicit drugs found in April were, in fact, how he was paid to do a job working as a mechanic on a friend's car. He had told probation that he had quit using illicit drugs as of December 2023 and was said to be remorseful.
The judge stated that for the April offences a sentence of six-months on the first count, giving him the necessary discount for his guilty plea and two-months concurrent for the drugs utensils. For the September offences, a starting point of six-months must be increased to nine for the serious aggravating feature; committing that offence on bail. For the count of possession drug utensils, a three month starting point. For his timely plea count 1 was reduced to six-months; two months concurrent for possession drug utensils.
“In setting these tariffs, I have given consideration to his previous conviction for a drug offence which was before the Magistrate's court in May 2021. He is said to be of a high risk of re-offending. Against that this will be his first custodial sentence and he is relatively young and pleaded guilty. The six-months sentence for the April offences must be served consecutive to the six-months for the September offences,” he stated.
“Nothing about a 12 month sentence for two sets of offences of possession of methamphetamine is excessive, in my view.”
The judge also stated that it was appropriate to suspend part of that term. The defendant was then sentenced to 12-months imprisonment, the last six-months suspended for 12-months, on conditions. While, all monies, drugs and paraphernalia were to be forfeited and destroyed.