Rex v Talia'uli [2007] TOSC 27; CR 99-2007 (3 October 2007)

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

CR 99 of 2007

REX

-V-

TU’IPULOTU TALIA’ULI

BEFORE THE HON. JUSTICE ANDREW

Counsel:
Mr. Little for the Crown and
Mr. T. Fifita for the accused

Dates of Hearing: 28 September 2007
Date of judgment: 3 October 2007

JUDGMENT

The accused has pleaded guilty to a charge of possession of an illicit drug contrary to section 4(a) of the Illicit Drugs Control Act 2003.

The particulars of the offence are as follows:

"... on or about the 7th March 2007 at Tokomololo, you did knowingly without lawful excuse have in your possession 3 plastic bags containing cannabis (plastic bag Exit 1(a) with cannabis weighing 22.52 g; plastic bag Exit 1(b) with cannabis weighing approx 26.76 gms and plastic bag Exit 1(c) with cannabis weighing approx 4.99 gm.

An agreed Summary of Facts is as follows and I quote:

The accused is of a relatively young (aged 23) 1st offender who has pleaded guilty to the charge, but he is not a young 1st offender found with a small quantity of cannabis for personal use. The disturbing feature of this case is that the accused seems to have been immersed in the drug culture and was active in picking up imported drugs from the airport. He may consider himself fortunate that he has not been charged with abetment or conspiracy to import drugs. Far from this being a small amount for personal use, it involved considerable quantities of cannabis which the accused supplied to others and it was disseminated into the community. When it comes to sentencing the quantity of drug involved in a case is one of the fundamental factors a Court is bound to have regard to: see UAISELE v POLICE [2001] Tonga LR 39.

The accused is, as stated, 23 years of age. He is one of 9 children and his father whom he is in contact with lives in New Zealand. He is married and is said to he a good husband. He left school at 15 and has been working in the bush. He claims to suffer from permanent illness causing headache and back pain but this is said to have been medically attributed to "his heavy sniffing of ados and benzene for more than 15 years.."

I take into account that the accused has pleaded guilty to the charge. That is evidence of remorse and a willingness to assist the authorities. I would access that plea of guilty as deserving of a reduction in sentence of one third. I accept that the accused has shown some remorse and hopefully there are some prospects of rehabilitation. But in weighting all of the subjective and objective facts I can only conclude that the seriousness of this offence involving drugs means that a custodial sentence is called for.

Would you stand up please:

For this offence you would have received a sentence of 3 years. Due to your early plea of guilty that is reduced to a term of 2 years.

You are sentenced to imprisonment for 2 years. The last 6 months of that sentence is suspended for a period of 2 years upon condition that you undertake and complete the Salvation Army Drug and Alcohol programme.

NUKU'ALOFA: 3 October 2007

JUDGE