R v Latu [2021] TOSC 56; CR 286 of 2020 (28 April 2021)

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

CR 286 of 2020

R E X

-v-

Semisi LATU

SENTENCING REMARKS

BEFORE: HON. JUSTICE COOPER

Counsel: Ms. ‘E. Lui for the Prosecution

Mr. Latu was unrepresented

Date of sentence: 28^th April 2021

1. Mr. Latu appears before me to be sentenced for possession of 60.60 grams of cannabis.
   
2. The facts are simple. He was with others in a car on 1^st September 2019 which at 2350 hrs arrived at the scene where police were already undertaking a drugs operation. They had information that drugs dealing was taking place at the home of a Mr. Penisimani Angilau in Hauloto.
   
3. While the police were at that address Mr. Latu arrived by car. With him were people the police had information about and so the car was stopped and searched.
   
4. Inside was a co-accused, one Mr Sione Moeakiola, he was the driver. Directly behind him in the passenger seat was Mr. Latu.
   
5. Under the driver’s seat was a towel which concealed a Ziploc bag of the cannabis. Also recovered was the passport of co-accused and a test tube and $150.
   
6. Mr. Latu pleaded guilty to this offence.
   
7. I note that he is already serving a term of imprisonment.
   
8. I have a copy of the probation report and have read the contents and taken it all into consideration especially his remorse and regret.
   
9. In considering how to approach this sentence I have looked at recent decisions rather than older ones so to be guided by the current approach to these offences. I also feel it is incumbent on me to carefully consider the approach of the Lord Chief Justice.
   
10. R v Sosiua Totau CR239/20 Whitten QC LCJ on a guilty plea for possession of 400.37 grams cannabis imposed a sentence of 24 months’ imprisonment, the last 12 suspended.
    
11. R v Likamani Fa’aoso CR240/20 Whitten QC LCJ on a guilty plea for possession of 165.37 grams cannabis imposed a sentence of 16 months’ imprisonment, the last 8 suspended.
    
12. It is therefore right, in my view, that this offence deserves a custodial term as it is so serious that only imprisonment can be considered.
    
13. My starting point is that it merits a term of 8 months’ imprisonment. From that I take off 30% for the early guilty plea and that leaves 5 ½ months.
    
14. I would have then suspended the last 2 months for 12 months, leaving an actual term of imprisonment of 3½ months.
    
15. Because this defendant is serving a term of imprisonment already I then consider the totality principle. I reduce the sentence to reflect that principle and am left with a sentence of two months.
    
16. To have this term concurrent with the term that he is serving would be to effectively let him off this offence completely, which I will not do.
    
17. Because of all the above factors I therefore conclude that a sentence of 2 months’ imprisonment is to be served consecutive to the term he is already serving.
    
18. If it has not already been done in relation to the co-accused, I also order the forfeiture of $150 and the forfeiture and destruction of the drugs and paraphernalia.
    
19. That leaves a total sentence of two months to be served after he has finished the term he is already serving.
    

NUKU’ALOFA N. J. Cooper

28 April 2021 J U D G E