By Linny Folau

Sitiveni Tukuafu (28) was sentenced to two-years’ imprisonment with some part suspended for three charges that included possession of 4.78 grams of methamphetamine seized at Hofoa.

Justice Cooper sentenced him on 30 April to the two years' imprisonment but suspended the last six months for a year, on conditions. The other two offences were possession of 0.37 grams of cannabis and drug utensils, namely two smoking pipes.

The court heard that on 24 August, 2023 at around 9:20pm, police officers, acting on information went to the home address of the defendant.

Officer Fifita spotted Mr. Tukuafu observing them from a neighbouring house. When he saw he had been spotted, he fled. Officers Fifita and Mafi pursued and apprehended him. In making off he was seen to discard a black bag. The head gear he had in his possession was found to conceal inside it two packs of what was suspected to be (and transpired to be) methamphetamine. The discarded bag contained one smoking pipe and $650 cash.

The judge stated that when he was searched, Officer Mafi found a vix bottle in his left pocket. The bottle contained a further 12 packs of methamphetamine. The officers took him to his residence to conduct a full search of the property.

Officer Vi cautioned him and asked who the suspected drugs belonged to. The accused stated that the two packs of suspected methamphetamine found in the cap, the smoking pipe and the cash were his, but the vix bottle was something he found at a bush. The Officers then searched the main fale and the hut beside it.

Meanwhile, Officer Punaivaha found a plastic tupperware container on top of a table inside the hut. The tupperware box contained a pack of green leaves suspected to be cannabis. When asked about the suspected cannabis inside the Tupperware, he admitted that it was his. Officers Tomu and Folau then found one smoking pipe on a bed and two notebooks on a table.

The Officers retrieved fragments of leaves from the back seats of the vehicle, said to be his, suspected to be cannabis. He was arrested for the possession of illicit drugs and utensils, and taken to the Central Police Station.

The Crown put forth that the aggravating factors was that the amount of the drugs possessed by the defendant warrants an imprisonment sentence that is likely to be partially suspended.

“The defendant's additional possession of cannabis and two smoking pipes conveys the notion that he is a user. He also ran away from the Police when they arrived at the target residence. Whilst running away from the Police he attempted to conceal evidence from the Police by throwing away a little black bag that had a smoking pipe and $650 cash.

“The $650 cash found with the defendant is safely presumed to be proceeds from selling drugs therefore consolidating the presumption that he is a low level supplier. In addition, this is consistent with the information received by the Police.”

Mitigating factors in his favour were being a first-time offender and his early guilty plea.

“In considering the aggravating a mitigating features I conclude that the amount of drugs involved and that he was dealing drugs, whilst it is an offence, rightly characterised in the Crown's submissions as one, that is ‘...a scourge to societies everywhere that has affected a great deal of harm and misery’, the sentencing regimes submitted are directed to punishing just this and do so. As for mitigating factors, his timely guilty plea and remorse must be take into account and will be.”

Jail

The judge stated that while the weight of the illicit drugs involved, is but only one factor to take into account, it is an important one.

“Pursuant to the Illicit Drugs Control Act the presumption in respect of cases involving quantities of possession Class A drugs over 0.25 grams is that is possession with the intent to supply. For possession of 4.78 grams methamphetamine, a starting point of three years. This I reduce 30 % for his guilty plea and that this is his first offence. That makes a sentence of two years' imprisonment. For possession 0.37 grams cannabis three months reduced to two.

“When he was asked about the offences, he admitted his part in them. The Probation Officer assessed him as showing "some remorse". From what is stated in the report, drug use and then the selling of illicit drugs to make money and feed his habit inveigled its way into his life; he had never wanted this.

“The Probation Officer assessed him as being at a high risk of reoffending, given the concerted way he used and sold illicit drugs. That said, he was of previous good character and has been candid with the Probation Officer, remorseful and pleaded guilty at the first opportunity. Ultimately the recommendation is that a portion of his sentence be suspended on conditions that will help him rehabilitate,” he stated.

“I have gone on to consider the principles in Mo'unga [1998] Tonga LR 154. Those principles are aimed at promoting rehabilitation. In this case what is determinative is Mr. Tukuafu is still relatively young, he was of previous good character, he has a supportive family, his candid assessment of his behaviour with probation and his will to turn his life around all stand him in good stead.

“Accordingly six months of his sentence will be suspended for 12 months on the following conditions.”

He was then sentenced to two years' imprisonment, the last six months suspended for a year, on conditions. His sentence was back dated to the date of his first remand on 27 February 2024. While, the drugs and paraphernalia was forfeited and to be destroyed, ordered the judge.