By Linny Folau

A farmer, Tu’ifua Angilau (37) was sentenced to imprisonment for possession of 1.95 grams of methamphetamine seized inside his vehicle, when Police intercepted him on a road at Tofoa.

Acting Justice Langi sentenced him to 18 months imprisonment on 9 May at the Supreme Court in Nuku'alofa. She ordered that 16 months of the sentence be suspended on conditions. While his balance of two months backdated to when he was first detained in custody, at Hu’atolitoli Prison in March this year, when he was waiting to be sentenced and in which he had completed.

The court was told that the offending was on 18 January 2023, about 5:00pm, when the Police acting on information that the defendant was travelling around in his vehicle selling illicit drugs, stopped him at the three way intersection at Tofoa. The defendant was the driver, and alone. He resisted Police attempts to bring him out of the vehicle. He was handcuffed and taken to the Longolongo Police Head-Quarters.

When Police searched the defendant they found a Samsung phone inside the right pocket of his trousers. Police continued their search to his vehicle, while he was present, and found two packets containing white substance on the floor of the right-rear passenger seat directly behind the driver's seat. The accused denied knowledge of these packets. Police also found $50 cash in between the seats of the front passenger and driver.

The defendant was arrested and taken into custody at the Central Police Station. The white substances inside the two packets were tested and confirmed to be methamphetamine, weighing 1.95 grams.

Sentence

The Crown submitted the aggravating factors in this case was the significant amount of Class A illicit drug (methamphetamine) possessed by the defendant. Importantly it exceeded 1 gram, and it warranted an imprisonment; moreover, his evasion from Officer Vi at high speed during day hours while the roads were congested was reckless and showed that he had no concern for the safety of the road users and public.

The Crown submitted the aggravating factors were his not guilty plea and conviction, after a contested trial and his lack of cooperation with the Police.

A mitigating factor was being a first-time drug offender. although he had three previous convictions - all being a failure to comply with the directions of an authorised officer in 2022.

“In considering the guidelines established in Mo'unga v R [1998] Tonga LR 154, the Crown is of the view that the Defendant should be granted minimal suspension of his imprisonment. The factors that favour suspension is the Defendant's lack of drug offending and his high propensity to rehabilitate himself with the opportunity of a suspended sentence. Therefore, it is submitted that the final six months of his sentence is suspended for a period of two years.”

The Crown submitted the defendant be sentenced to 24 months imprisonment with the final six months suspended on conditions for two years.

Farmer

Meanwhile, the court heard that the defendant is a self-employed farmer who relies on his root crops and livestock for income. The Ministry of Agriculture, Forests and Fisheries has confirmed the defendant farms about 16.5 acres of land, and he was expecting to harvest his taros and export them overseas.

On factors relating to the offence, the defendant stated that the drugs that were found and charged on him did not belong to him. He is not involved with drugs and does not use any illegal substance whatsoever. He did admit to being close friends with people who use drugs, but asserted that he refrained from participating in such activities.

The judge said, “the comparable sentences submitted by the Crown all suggested that a custodial sentence should be imposed, as the weight of the illicit drugs in those cases were just over 1 gram similar to this case. However, in Satini, I had fully suspended the sentence because I believed that the accused deserved to be given a chance to rehabilitate himself through the courses offered by the Salvation Army rehabilitation centre.

“In this case, the accused is a first time offender and the weight of the illicit drugs is still at the lower end of the scale.

“I accept the assessment of the probation officer that the accused is a low risk for reoffending and is a good candidate for rehabilitation. However, given the rise in the use of illicit drugs and a need for deterrent sentences to be given, I will suspend only part of the sentence, albeit a major part in view of the submissions by defence counsel.”

The Acting judge then sentenced him to 18 months imprisonment but suspended the last 16 months for two years on conditions leaving two months imprisonment to be backdated to when he was remanded in custody awaiting sentencing. 

"He was remanded on 6 March 2024 and it has now been a little over two months. He therefore is no longer required to serve the balance of the two months' imprisonment."

The illicit drugs and utensils was ordered to be destroyed and the $50 cash seized in this operation forfeited.