R v Kau [2021] TOSC 129; CR 98 of 2021 (10 June 2021)

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

CR 98 of 2021

REX

-v-

Toakase KAU

SENTENCING REMARKS

BEFORE: THE HONOURABLE COOPER J
Counsel: Mr. J. Fifita for the Prosecution
Ms. Kau represents herself
Date of sentence: 10^th June 2021

1. Miss Kau has pleaded guilty to possession of one packet 0.43 g Methamphetamine; one packet 0.49 g Methamphetamine and possession of 0.94 g cannabis.
   
2. On 30^th November 2020 police, acting on information, searched the car that Mr. Masima was the driver of and who had parked outside the Birth’s Death and Marriage Registry Office in Nuku’alofa.
   
3. The drugs were seized following the search.
   
4. The defendant entered a guilty plea at the first hearing before me.
   
5. In considering the sentence my starting point is the case of Zhang v R [2019] NZCA 507. This would fall under band one where up to 5 g of Methamphetamine attracts a sentence range of Community Order up to 4 years’ imprisonment.
   
6. I have also considered R v Maile AC 23/2018, the defendant was in possession of 0.52 g Methamphetamine, for an early guilty plea his sentence on appeal was 9 months fully suspended with conditions.
   
7. Bearing in mind the weight of drugs found in this case I am minded to follow the tariff in R v Maile. I can discount that sentence for a guilty plea by 30%, effectively I will reduce the sentence by three months.
   
8. That give a sentence of 6 months, that I shall suspend for the period of 2 years.
   
9. For the cannabis 4 month suspended for 2 years to run concurrent.
   
10. If during that period of suspension there is committed any offence punishable by imprisonment, Miss Kau will be sentenced for the new offence as well as this one and will stand to go to prison for both.
    
11. I also impose 60 hours community service to be carried out under the instruction of his probation officer. Also attend the Drugs Rehabilitation Course at Salvation Army as directed.
    
12. Miss Kau to attend court tomorrow, June 11^th at 0900 hrs to be directed to probation office.
    
13. All drugs and paraphernalia are subject to forfeiture and destruction order, all monies are forfeited.
    
14. Any breach of that part of the sentence or any failure to comply with probation or carry out all the hours of the community service and he will be re-sentenced. I reserve the case to myself.
    

NUKU’ALOFA N. J. Cooper
10 June 2021 J U D G E