By Linny Folau

Sosaia Fifita (36) was jailed for charges including possession of 1.16 grams of methamphetamine during a drug bust in Tofoa last year.

Justice Cooper sentenced him on 24 April to serve 16 months' imprisonment, (minus the 15 days he had already served since his first remand). In addition, he will serve nine months' imprisonment activated in regards to a suspended sentence in another case.

He pleaded guilty to three counts in that on 14 September 2023, he possessed a Class A illicit drug, 1.16 grams of methamphetamine. He also possessed utensils, namely two empty packs used for storing illicit drugs and attempting to destroy evidence, a smoking pipe used for the smoking of methamphetamine.

The judge stated that in responding to intelligence received, Police Officer Fifita and other police officers targeted the accused's home address in Tofoa, on 14 September 2023 at around 10:30pm. A number of people were found at the address and ultimately the police arrested five people, amongst them, the accused. He was found inside his fale in a bedroom. Others were caught in the fale and on the verandah, officers spotted, Kapiolani Tu'akalau, he tried to run but was pursued and detained.

On apprehending Mr. Fifita, he was handcuffed, then cautioned and informed his property would be searched for illicit drugs and associated items. From amongst others arrested at the scene were recovered quantities of methamphetamine, utensils and money. They had been dealt with by the Court in separate hearings.

The accused was found with $167 in cash in his trousers' pocket and it was noted that his right hand was bleeding. A search of the area outside the bedroom, adjacent to the one he was found in, revealed pieces of broken glass louvre blades and two packs that contained white substance suspected to be methamphetamine  and a further two empty packs.

The accused remained silent on arrest. He was led inside the bedroom where he was first discovered by police and a further search was conducted. Officer Fifita found a phone, and one methamphetamine smoking pipe on top of a speaker. The smoking pipe was partially smashed on the speaker. It was Officer Fifita's opinion that the smoking pipe was recently destroyed by the accused, upon the Police's arrival. He also made no reply to questions put to him before being arrested for the destruction of evidence.

The examination confirmed that these exhibits were methamphetamine. Their weights were recorded were 0.92 grams and 0.24 grams. The Crown recommended a starting point of 24 to 30 months for possession of 1.16 grams of methamphetamine.

The judge reviewed a number of authorities before setting the starting point for the offence in count 1, all the while recognising that the sentencing regime in respect of an offence of possession of more than 1 gram of an illicit Class A drug is different to that of possession of a Class A drug, below the amount of 1 gram.

The maximum sentences for possession of more than 1 gram of a Class A illicit drug is a fine not exceeding $1,000,000 or imprisonment for life, or both. Possession utensils is a fine not exceeding $10,000 or to imprisonment for a term not exceeding three years, or both. While, the maximum statutory penalty for destruction of evidence is 15 years'-imprisonment.

This Court acknowledged that the weight of the drugs seized is an important factor in sentencing for offences involving possession illicit drugs, but was not the sole factor.

The judge concluded a starting point of 12 months was appropriate.

Repeat offender

The accused had previous drug convictions. On 21 August 2021, he was sentenced to two years imprisonment by Justice Niu in respect of 2.36 grams of methamphetamine and 3.14 grams of cannabis, both committed on 14 November 2019 in Tofoa. The final nine months of the sentence were suspended for two-years on conditions. His problem with methamphetamine use dated back to 2009.

He reoffended when he committed the latest offences during the period of suspension.

Therefore he falls to be resentenced to nine months' imprisonment for breaching his suspended sentence. Further, the probation report showed that he did not enrol on his Salvation Army course as a condition of his suspended sentence, the judge stated.

The accused lived with his four young children and at one time was employed, but he left that employment and his life descended into drug use and supplying drugs to feed his habit. He told the Probation officer that he was remorseful, and wanted to lead a sober life and believed he could achieve this. He was assessed as being at a high risk of reoffending.

Supplying methamphetamine pursuant to the Illicit Drugs Control Act the statutory assumption is that offences of possession of more than 0.25 grams of a Class A drug are for the purposes of supply.

“In this case four people were discovered at Mr. Fifita's house who were arrested for drugs offences committed that night. For example, Kapiolani Tu'akalau, who had attempted to flee the scene, was discovered with a pipe for smoking methamphetamine. Soane Naupoto, who was apprehended in front of the fale, was found to be in possession of 0.02 grams methamphetamine

“It is quite clear that on 14 September 2023 Mr. Fifita was involved, yet again, in Class A drug supplying. I therefore conclude the starting point should be increased to 24 months for this repeated pattern of supplying Class A drugs, especially in the light of his continued and determined drug dealing. For his early guilty plea a reduction of 8 months making a sentence of 16 months.

“Because of his consistent offending and his high risk of re-offending the conclusion I have reached is that it would not be appropriate to suspend any portion of his sentence,” stated the judge.

He will serve the nine months' imprisonment, activated in respect of the suspended sentence. In addition, he will serve 16 months' imprisonment, minus the 15 days he had already served since his first remand. While, all drugs and paraphernalia was forfeited and ordered to be destroyed.