R v Vaiangina [2021] TOSC 123; CR 189 of 2020 (3 August 2021)

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

CR 189 of 2020

REX

-v-
Filo ‘Aholelei VAIANGINA

SENTENCING REMARKS

BEFORE : THE HONOURABLE COOPER J
Counsel : Mr. T. ‘Aho the Prosecution
The defendant in person
Date of Sentence : 3^rd August 2021

1. On the night of 28^th February 2020, the Police, acting on information they had received, went to the residence of Similati Tupou, in Pahu. They found the defendant inside a grey van L23812, parked outside the property.
2. A search of the van revealed :
   1. One zip lock bag containing suspected methamphetamine.
   2. A test tube with suspected methamphetamine inside it.
   100. A black bag containing two further test tubes, another packet of what was suspected to be methamphetamine.
   4. $3,887.00.
   5. Another packet containing suspected methamphetamine.
      
3. On being questioned by the officers he admitted the drugs belonged to him.
4. He was arrested and later interviewed at the police station and admitted the offence, even stating he did not regret committing this offence.
5. The total weight of the methamphetamine was 19.31 g.
6. I have taken into account all mitigation and everything written about him in his pre sentence report and all the references.
7. This was plainly possession with the purpose of supply.
8. Comparable case law.
9. In R v Kautai Moala CR 148/2020, Lord Chief Justice Whitten QC sentenced the defendant, after trial and upon his conviction for possession of 19.49 g methamphetamine, to 66 months imprisonment, the last 6 suspended and that he complete a drugs awareness course.
10. That sentence was handed down just some two months ago on 2^nd June 2021.
11. Therefore I follow that sentence, taking a starting point of 66 months, had the defendant been convicted after trial.
12. I reduce that for his early guilty plea allowing the maximum discount of 30 %.
13. That is effectively 20 months.
14. Therefore the sentence I impose is 46 months imprisonment.
15. All monies are forfeited.
16. All drugs and paraphernalia are forfeited and destroyed.
17. Because he had been hitherto of good character the last 12 months are suspended for a period of two years on the following conditions :
    1. Report to his probation officer upon release
    2. Complete satisfactorily drugs awareness course
    3. Commit no imprisonable offences.
18. Total sentence 46 months, the last 12 months suspended for two years on the above conditions.
    

NUKU´ALOFA N. J. Cooper

3 August 2021 J U D G E