By Linny Folau

Repeat drugs offender, Jitendra Singh was sentenced to four and a half years imprisonment for possession of 141.13 grams of methamphetamine and $32,050 pa'anga seized in Ngele’ia. 

Justice Cooper in sentencing him on 6 August at the Supreme Court in Nuku’alofa ordered that his additional sentencing will start after he completes his 21-months sentence. The last six months of the offending was suspended for two years on conditions.

The offences were committed on 31 December 2022, when he had in his possession 141.13 grams of methamphetamine and utensils, including 1 weighing scale, 2 test tubes, 4 empty packs and 2 bongs.

The judge stated on 31 December 2022, Police received information that illicit drugs were being sold at Mr. Singh's residence in Ngele'ia. They observed his residence and identified three vehicles that had previously been suspected in connection with illicit drug activity, noting the frequency in which other vehicles arrived at the location.

“The officers swooped, swiftly executed a search of Mr. Singh's home deploying a police search dog and recovered a number of items,” he said.

These included 1 medium pack suspected to contain methamphetamine; a white plastic bowl containing 2 medium sized packs suspected to contain methamphetamine; 1 x $100TOP and 3 x $2TOP and a brown wallet containing other cash; 1 blue pencil case containing 4 medium sized packs suspected to contain methamphetamine; a black square bag containing 4 empty packs, 2 rubber bands, more cash; a silver electronic scale and 1 empty bottle with 1 test tube attached to it with traces of suspected methamphetamine.

Under a brown leather couch in the living room, police found: 1 medium sized pack suspected to contain methamphetamine; 1 bottle used to smoke cannabis; and lodged between the cushioning of the brown leather couch, 1 test tube containing traces of suspected methamphetamine. More cash was recovered from his car. In total TOP$32,050 and AUD$50 were seized.

The accused admitted the items seized were his. He initially entered a not guilty plea at his arraignment, but when he was later re-arraigned, he entered guilty pleas before his trial in the Supreme Court.

The maximum penalty for possession of an illicit drug in the Illicit Drugs Control Act is a fine not exceeding $1,000,000 or imprisonment for any period not exceeding life or both. The penalty for possession of utensils, the maximum penalty is a fine not exceeding $10,000 or imprisonment for any period not exceeding 3 years or both.

The offence was committed on bail and the accused had previous convictions for drug offending.

“The Crown submitted a starting point of eight years as appropriate. Further, that 18 months be reduced from that for his eventual guilty plea and cooperation with the police. That gives a sentence of 6 ½ years' imprisonment.

“Mr. Singh is currently serving a 21-month sentence for possession illicit drugs. The Crown also submitted that four and a half years ought to be added to that term so as to mark the gravity of the offending and also balance with the totality principle for the overall sentences,” stated the judge.

The judge concluded that 4 and a half years should be served at the conclusion of CR 55/2022, the case for which Mr. Singh was sentenced to 21 months' imprisonment. That was an offence of possession 1.71 grams methamphetamine.

“Given that Mr. Singh committed this offence whilst he was on bail from the previous offending and that he had a previous conviction for possession drug utensils as recently as September 2021, there is only limited scope for suspending any sentence."

In regards to suspension, the judge considered the principles in Mo'unga [1998) Tonga. Those principles, as set out in that case, aimed to promote rehabilitation. The considerations advanced were whether the defendant was young, of previous good character, or had passed a significant time without offending; whether the defendant would take the opportunity to rehabilitate.

“I accept the Crown's submissions that the repeated offending on bail for drugs offences demonstrates that only a minimal amount of that sentence should be suspended. Therefore, the final six months will be suspended for two years on conditions,”ordered the judge.

The defendant was then sentenced to imprisonment on the instant case to run from the conclusion of his 21-months' sentence in CR 55/2022. All drugs, paraphernalia to be forfeited and destroyed, and monies seized also forfeited.