Rex v Fakaulu [2007] TOSC 19; CR 98-2007 (21 November 2007)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY

CR 98 of 2007

REX

-V-

MOE’ILO FAKAULU

BEFORE THE HON. JUSTICE ANDREW

Counsel:
Mr. Sisifa for the Crown and
Mr. Tu’utafaiva for the accused

Dates of hearing: 20 November 2007
Date of judgment: 21 November 2007

JUDGMENT

The accused pleaded guilty to two counts of possession of an illicit drug and one count of cultivation of an illicit drug, contrary to S.4(a) of the Illicit Drugs Act.

The particulars of these offences reveal that he had in his possession 225 cannabis plants and 14.13gm of cannabis and that he cultivated the 225 cannabis plants.

The summary of facts is as follows and I quote:

These are serious offences not least because of the large number of cannabis plants located.

The accused is now aged 53. He has an extensive record commencing in 1970 when he was a Juvenile aged 16. He has numerous prior convictions for theft interspersed with drunkenness and house breaking. He was sentenced to 9 months for theft in 1974, to 2 years in 1980, 6 months in 1984, 9 months in 1992, 3 years in 1994, 18 months in 1997, 3 months in 2002 and 3 years in 2003 for housebreaking and theft and he can only be described as a hardened criminal. The only redeeming feature of that record if it could be described as that, is that there have been no previous convictions for drug offences.

As stated the accused is now aged 53. He was married but separated and his 2 children now live in America. He dropped out of school at an early age and his only employment appears to be staying at home and working in the plantation occasionally. It is said that the accused had been largely dependant on his only brother but that he had died in 2003 and when the accused was released from prison in 2005 he took responsibility for his brothers widow and 7 children and that he had committed this offence to pay for the construction of his brother’s unfinished house and for the education of his children. Whist that may offer some explanation it can hardly be an excuse to commit on offence of this nature involving the dissemination of drugs into the community on a large scale. It does however appear that no drugs had yet reached the community.

The accused says he is remorseful and now regrets his life of crime.

I take into account his plea of guilty which is some evidence of remorse and is deserving in my view of a reduction in sentence of 25%. In taking into account all of these objective and subjective circumstances, the accused is sentenced as follows:

Would you stand up please.

For these offences you would have received a sentence overall of 4 years. Due to your plea of guilty that is reduced to a term of imprisonment of 3 years.

Your are convicted and sentenced on counts 1 & 2 to imprisonment for a period of 3 years.

On count 3 that is for possession of 14.13gm of cannabis you sentenced to 18 months imprisonment.

The sentences are to be served concurrently. All sentences are to be back dated and commence on the 27 April 2007.

NUKU'ALOFA: 17 OCTOBER 2007

JUDGE