Rex v Ngaue [2012] TOSC 7; CR 98 of 2011 (20 January 2012)

IN THE SUPREME COURT OF TONGA
CRIMINIAL JURISDICTION
NUKU'ALOFA REGISTRY

CR 98 OF 2011

REX

-V-

SEILONI NGAUE

BEFORE THE HON. JUSTICE SHUSTER

HAVING HEARD – From Crown Counsel Mr. Kaufusi, and from the defendant in person.

The defendant appears for sentencing - having plead guilty on re-arraignment on 09th November 2011 to an indictment alleging the Possession of an Illicit Drug cannabis on 4th March 2011 atFanga.

According to the Prosecution the defendant was arrested and interviewed and he admitted his involvement to the police.

On his first arraignment before the Court the defendant pleaded Not Guilty and elected a trial by a Judge and a Jury - he was a serving prisoner at that ime. InNovember 2011 the defendant asked to be re-arraigned as he wished to charne his plea. On re-arraignment the defendant was told he would be given credit for his change of plea and the case was adjourned – for sentencing to the end of the trial on other matters of theft to 23nd January 2012 .

On 20th January 2012 the court was informed by the Solicitor General that the Crown would not be proceeding with the trial on indictment against the accused for theft of "cattle." The court arranged for the defendant to be produced forthwith before the court for sentence on this matter.

Having considered all the facts of the case, considering the fact that the defendant pleaded guilty on re-arraignment and, the fact the defendant fully co-operated with the police and then with this court, and having heard from the defendant, this case can best be delat with by sentencing the defendant to - time served on remand. The Court is aware the defendant is in fact a deportee and he claims he used illicit drugs to ease "pains" as medical treatment but he is well aware the drugs are illegal.

The defendants is sentenced as follows:-

Count 1 – the defendant is sentenced to- TIME SERVED WHILST ON REMAND. This means the defendant is to be released - forthwith.

The drugs are to be destroyed in the presence of a senior police officer and a Magistrate.

A copy of this order is to be served on the defendant and on the Police.

DATED 20th January 2012

JUDGE