R v Kolotau [2023] TOSC 62; CR 154 & 156 of 2023 (28 November 2023)

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

CR 154, 156 of 2023

REX
-v-
1.PAEA KOLOTAU
2.SIONE NGAUE

ORDER

BEFORE: HON. COOPER J

Appearances: Mrs. A. Aholelei for the Prosecution
The defendant for himself

Date of order: 28 November 2023

1. This case was listed sentence and also arraignment.
   
2. Mr. Sione Ngaue appeared on remand from Central Police Station. During these proceedings he has already served 50 days on remand.
   
3. He had pleaded guilty yesterday to possession 0.05 g methamphetamine, possession 0.35 g cannabis.
   
4. He has an extensive criminal history, but with only one drugs offence, which was disposed of in the Magistrates’ Court. Mr. Kolotau appeared and was arraigned on some single count possession utensils. He pleaded guilty.
   
5. He was two matter recorded against him, 2019 serious house breaking and 2022 willful damage for which a compensation order was imposed in the Magistrates’ Court.
   

Directions:

6. In the circumstances both defendants were sentenced today.
   

Mr. Sione Ngaue

7. Count 4 for the possession 0.05 g methamphetamine 9 month starting point, reduced to 6 for his early guilty plea. 50 days served count towards that term and balance stated as being 4 months.
   
8. 4 months’ imprisonment, no part of which is suspended.
   
9. In reaching that tariff considered R v Vaiangia CR 231/2020, sentence 9 months fully suspended 0.04 g methamphetamine. R v Kolonihea CR 233/2020 12 months fully suspended 0.04 g methamphetamine; R v Kumar CR 249/2020 6 months fully suspended 0.04 g methamphetamine.
   
10. R v Kolofale CR 166/202 0.75 g cannabis, 40 hours’ community service order. Count 5 - 3 months concurrent. Drugs forfeited and destroyed.
    

Mr. Paea Kolotau

11. Count 1; A starting point of 9 months, reduced to 6 for early guilty plea. That to be fully suspended for 1 year. He is to complete a 40-hour community punishment order.
    
12. The following conditions were imposed on his suspended sentence:
    

(i) complete community punishment order

(ii) complete drug awareness course

(iii) report to probation today, 28 November 2023

(iv) not to commit any offence punishable by imprisonment

13. Utensils to be destroyed.
    
14. In reaching that sentence consideration was given to the following cases.
    
    1. R v Mahina & Wight, 93-94/2022. Mr. Wight was sentenced for possession of 4 straws, 3 sets of scales, a test tube and 112 dealer bags. The court adopted a starting point of 1 year, having considered R v Ha’isila CR/ 22/2022.
    2. R v Namoa, Sekona & Finau 58, 59 & 61/ 2022 for 4 empty snap bags, and both counts of possession of a single test tube, a starting point of 6 months.
       

NUKU’ALOFA	N. J. Cooper
28 November 2023	J U D G E