Drug offender jailed after police raid at Sopu [1]
Friday, March 1, 2024 - 18:21
By Linny Folau
Raymond Ngaue (34) was sentenced to one year imprisonment, with a portion suspended, on two charges that included possession of 89.38 grams of cannabis seized at Sopu in 2023.
Justice Cooper sentenced him on 28 February at the Supreme Court in Nuku’alofa, after he pleaded guilty to both, including possession of 17 unlicensed .22 caliber ammunitions.
The judge stated the offences were committed on 30 June 2023, when Mr. Ngaue was arrested following a police raid at his home address in Sopu. Two co-defendants were arrested and charged with drug offences, for which they both pleaded guilty on 28 November of the same year. He was arrested, having been found in his motor vehicle at the scene, in possession of all the ammunition, in a plastic bag he was holding, and three packets of cannabis in the front passenger foot well. The contents weighed 89.38 grams. Also seized from the car was $4,350 cash.
“From the Crown's summary of facts, it is not clear who was sat where in the car. Nor, why his wife, who was also in the vehicle, was not charged. Indeed, how it was, just as the police were about to raid his home, he seemingly got all the illicit items he had and took to his vehicle. None of these questions have been addressed in the information before me and I draw no conclusions at all,” the judge stated.
The accused had numerous previous convictions. In 2008, he committed abetment to housebreaking, abetment to common assault, housebreaking and theft and was sentenced to two years in prison. He was also a repeat drug offender as in 2014 he was sentenced on cultivation of illicit drugs and was fined $500 or faced two months in prison, among others.
The penalty for the possession of a Class B drug exceeding 28 grams is a fine not exceeding $50,000 or imprisonment for a term not exceeding seven-years, or both. For possession of ammunition without licence the maximum penalty is five-years' imprisonment.
Sentence
The judge said the most serious offence, was the possession of cannabis.
“The Crown have provided me with a number of cases they submit assist in reaching the correct tariff. The final submission is that for possession of this quantity of a starting of 18-months be adopted. Looking at the case of R v Funaki 272/2020 this Court adopted a starting point of 14-months' imprisonment for 108.33 grams; when considering R v Likamani Fa'aoso 240/2020 Whitten LCJ considered a sentence of 24-months, for possession with on the basis of small commercial supply for 165.37 grams of cannabis. Accordingly, I conclude that a 12-month starting point is appropriate in this case.
“I consider that the aggravating feature in this case is his previous convictions, especially for drugs, albeit not recent. For this I increase the starting point to 15-months,” he stated.
The Crown had also set out a number of features they submitted were aggravating.
“The reality is he is being sentenced on the basis of quantity; for which it must be taken he was in possession for the purposes of supply; commensurate with the statutory assumption under the Illicit Drugs Control Act.
“Therefore, those elements of the offending, said to be aggravating, are already acknowledged in the starting point. That he did not assist the police, as claimed, is no more than he exercised his right to silence. His timely guilty plea is a matter to be taken into account. Nothing about the term of imprisonment for an offence involving repeated offending for illicit drugs as well as possession ammunition in my view is excessive.”
The judge also considered the principles in Mo'unga [1998] Tonga LR 154. Those principles are aimed at promoting rehabilitation. The key points being whether the defendant was young, of previous good character, or passed long time without offending; whether the defendant would take the opportunity to rehabilitate.
“In this case Mr. Ngaue denied to probation the cannabis was his. Then at the last hearing, he admitted he knew of the presence of the cannabis in the car, but stated it belonged to his uncle. The case was listed for a Newton hearing on 28 February 2024, to determine the factual basis upon which to sentence. At that hearing he was asked if he maintained his denials. He stated he did not and accepted the illicit drugs were his. This has made me conclude that, despite his previous convictions, a portion of his sentence ought to be suspended.
“My rationale is this. A defendant who denies liability, in this court's experience, finds it all too easy to keep making those denials. It shows some real strength of character, so can be seen as a sign of wishing to rehabilitate, in breaking with an untrue denial. Thus I conclude a portion of his sentence should be suspended.”
The judge then ruled that of his 12-month sentence, three months will be suspended for 12-months on the condition that he reports to probation within 48 hours of his release; be placed on probation; and complete a drug awareness course.
“If he breaches any of those conditions or commits a criminal offence during the suspended sentence, he will be liable to be re-sentenced.”
The accused was then sentenced to 12-months' imprisonment with the last three-months suspended for a year, on conditions. At the same time, all money seized with illicit drugs, paraphernalia and ammunition to be forfeited and destroyed.