28-year-old repeat offender jailed on possession of drugs utensils [1]
Thursday, December 11, 2025 - 19:28. Updated on Thursday, December 11, 2025 - 23:34.
By Linny Folau
Siokatame Kupu (28) is serving six months in prison for possession of drugs utensils found on him in a police drugs operation at Matangiake earlier in May.
Justice Tupou sentenced him on 4 December at the Supreme Court in Nuku’alofa. He pleaded guilty to one count of possession of utensils, being one smoking pipe, one straw and two empty packs used for smoking and packing illicit drugs in October.
The offending was on the evening of 1 May this year, when police were alerted that illicit drugs were being sold from a residence at Matangiake belonging to one 'Atama. The police responded to the call and while at the residence, several vehicles arrived.
The defendant was found seated at the back of one vehicle holding a smoking pipe with one straw and two empty packets found beside him. He denied any knowledge of the utensils.
In his submission, the defendant appealed to the court proposing a sentence of eight months to be made concurrent to the sentence he was serving which, which was to be completed on 7 January, 2026 or be fully suspended. He claimed to be remorseful and emphasized his need to fulfil his duties to his elderly mother and young family.
The Prosecution proposed a starting point of 12 months imprisonment to be reduced by four months in mitigation resulting in a final sentence of eight months imprisonment, with the final two months suspended for one year, on conditions.
His Pre-Sentencing Report, stated that the defendant grew up in Sopu before moving to Hauloto. He is a smoker and consumes alcohol and is said to be addicted to drugs. He is raising a family of five children, with his partner acknowledging that he has drug problems and was serving time in prison for it. His family depends on the sale of his crops for a living.
In respect of the offending, the defendant took full responsibility for his actions, and admitted he went to 'Atama's house to purchase illicit drugs for his personal use.
The probation report author considered him at high risk of re-offending in view of his drug addiction, recidivism and lack of involvement in church and the community. Accordingly, a partially suspended sentence on conditions was recommended,including the completion of a course to counter his drug abuse.
The maximum statutory penalty for unlawful possession of utensils is a fine not exceeding $10,000 or imprisonment for a term not exceeding three years or both.
The judge after regarding the maximum statutory penalty, the parties submissions, comparable sentences, the sentencing principles of punishment, personal and general deterrence, set a starting point of 12 months imprisonment.
At the same time, the principles for suspending a sentence as set out in Mo’unga favoured the defendant, only in that he is 28 years old.
"He, at first instance denied any knowledge of the utensils, he is a recidivist that had not taken the opportunity offered by a previous suspended sentences to rehabilitate himself and is currently facing that consequence by serving the suspended sentence in that matter.
However, I accept that for his expressed remorse and age, he is entitled to part of the sentence being suspended. I accordingly suspend the final 2 months of his sentence as suggested by the Crown."
The defendant indicated his release date would be 7 January, 2026. But in the morning of sentencing, the judge was informed that he had already been released.
"Unfortunately, although the offences here are similar in nature, they do not arise from the same incident, time or circumstance. This offence is distinct in time, place and circumstance. To make this sentence concurrent will not reflect the criminality of this offence and will grant the defendant an underserved, uncovenanted bonus, which would be contrary to the public interest and therefore inappropriate under the circumstances."
He was then sentenced to eights months imprisonment, with the final two months suspended for 12 months, on conditions. This includes not committing any offence punishable by imprisonment, must complete a drug awareness course with the Salvation Army, among others.
The defendant is now serving six months in prison.
Failure to comply with any of those conditions may result in the suspension being rescinded, in which case, he will be required to serve the balance of his sentence. The drugs utensils seized are to be destroyed, ordered the judge.